American Civil Liberties Union, et al., v. Mukasey



In ACLU, EPIC Case, Federal Court Strikes Down Internet Censorship Law

On July 22, 2008, the Third Circuit Court of Appeals struck down the Child Online Protection Act, a federal law that sought to prohibit the publication of information on the Internet that could be considered "harmful to minors." The Court held that the law violated the First and Fifth Amendments because it is "impermissibly overbroad and vague." The Court also criticized the law's encroachment on the right of Internet users to receive information anonymously, a claim that EPIC raised early in the litigation. The lawsuit challenging the Child Online Protection Act began nearly ten years ago, following the Supreme Court's invalidation of Congress' first attempt to censor the Internet, the Communications Decency Act. For more information, see EPIC's page on The Legal Challenge to the Child Online Protection Act. (July 22)

This is the precedential decision of the Third Circuit Court of Appeals.

LOADING PDF: If there are any problems, click here to download the file.

Reference Info:Decision | Federal, 3rd Circuit | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Electronic Privacy Information Center | Attorney Advertising

Written by:


Electronic Privacy Information Center on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.