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.

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

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