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Virginia Internet Porn Law OverturnedA federal judge has declared unconstitutional a 1999 Virginia law criminalizing the commercial “knowing display” online of materials that are deemed harmful to minors in a manner in which children might access them. ALA’s Freedom to Read Foundation was among 16 plaintiffs challenging the statute, joining Internet service provider PSINet, People for the American Way, other organizations, and several authors. Acknowledging that lawmakers enacted the statute out of “legitimate concern regarding the proliferation of pornography on the Internet,” U.S. District Judge James H. Michael Jr. wrote, “Merely asserting that the government has an interest in preventing some harm cannot justify the suppression of free speech” because such restrictions place “an unconstitutional burden on adult protected speech.” The Virginia attorney general’s office plans to appeal the decision to the 4th U.S. Circuit Court of Appeals. “This isn’t about some kid tripping across this garbage on the Internet,” State Assembly Delegate and bill sponsor Robert G. Marshall (R-Prince William) said in the October 16 Washington Post. “This ruling gives pornographers the green light to send this stuff to kids.” Posted October 22, 2001. |
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