Porn law won't stand up, say judges

The US government's library porn law has received a set back after judges said they were concerned that it infringed on free speech rights.

The Children's Internet Protection Act means that US libraries have to install filtering software or face a loss of federal funding.

A coalition of libraries, library patrons and website operators want the Act overturned, claiming that libraries cannot implement the law without infringing their constitutional rights.

Third US Circuit Court of Appeals Chief Judge Edward Becker said that the law "stuck right in the heart of the First Amendment".

Judge Becker, who is one of three presiding judges, will rule by early May on a plaintiffs' request for a permanent injunction against the Act, although the dispute is certain to go directly to the US Supreme Court on appeal whatever he and his panel decides.

The main thrust of the case against the legislation is that filtering software cannot block smut without blocking constitutionally protected sites including those associated with mainstream media properties such as Sports Illustrated, Planned Parenthood and Salon.com.

American Civil Liberties Union Attorney Chris Hansen told the court that the law was a nonsense and that no one could comply with its terms.

Another judge on the panel seemed to agree. District Judge Harvey Bartle indicated that every witness in the case had said that the statute can't be applied according to its own terms.

The judges were concerned that the decision about which websites were considered pornographic is made by corporate executives who consider their choices to be vital trade secrets.

US District Judge John Fullam dubbed them "the nameless and faceless", and asked: "What right does the government have to require this kind of filtering system?"

While the judges said they understood why communities want to protect children from porn, they said there was a constitutional danger of leaving censorship decisions to local majority opinion.

Further reading

• Public Sector

Libraries demand right to offer web porn

• 26 Mar 2002

• Web

US Patriot Act under fire

• 26 Apr 2002

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