Oprano Adult Industry Forums - View Single Post - Credit Cards as legal proof of age- adult sites

Grump · 04-27-2006

It is on the books, but has been ruled as unconstitutional and an injunction issued. I think the injunction is still in place.

Legal Commentary by Clyde DeWitt
http://www.avnonline.com/index.php?P...tent_ID=105736
"On remand from the Supreme Court, the Court of Appeals has once again upheld the preliminary injunction, finding that COPA likely is unconstitutional and, in so doing, condemning it even more roundly than before. The published opinion lists page after page of defects in the law, some of which are quite innovative from a constitutional law perspective."

A more recent article:

http://www.avn.com/index.php?Primary...ent_ID=226106]

"Unmentioned by Wray is the question of whether the federal obscenity laws will survive the challenges presented in the Child Online Protection Act case, which has been before the U.S. Supreme Court twice, and which will soon go to trial in the U.S. District Court for the Eastern District of Pennsylvania. The Third Circuit Court of Appeals has already opined twice that the international nature of the Internet exempts it from the "community standards" language of the three-prong test for obscenity established in the Miller v. California decision. With that issue still way up in the air, it seems premature for the Task Force to attempt to target material on the Internet."

04-27-2006	#8
Grump Buys wine at Publix! Join Date: Jun 2004 Posts: 170	Re: Credit Cards as legal proof of age- adult sites It is on the books, but has been ruled as unconstitutional and an injunction issued. I think the injunction is still in place. Legal Commentary by Clyde DeWitt http://www.avnonline.com/index.php?P...tent_ID=105736 "On remand from the Supreme Court, the Court of Appeals has once again upheld the preliminary injunction, finding that COPA likely is unconstitutional and, in so doing, condemning it even more roundly than before. The published opinion lists page after page of defects in the law, some of which are quite innovative from a constitutional law perspective." A more recent article: http://www.avn.com/index.php?Primary...ent_ID=226106] "Unmentioned by Wray is the question of whether the federal obscenity laws will survive the challenges presented in the Child Online Protection Act case, which has been before the U.S. Supreme Court twice, and which will soon go to trial in the U.S. District Court for the Eastern District of Pennsylvania. The Third Circuit Court of Appeals has already opined twice that the international nature of the Internet exempts it from the "community standards" language of the three-prong test for obscenity established in the Miller v. California decision. With that issue still way up in the air, it seems premature for the Task Force to attempt to target material on the Internet."