Judges Grant Injunction to Block Internet Indecency Law

Federal judges on Monday blocked enforcement of a new law aimed at regulating indecent material on the Internet because it bans constitutionally protected speech among adults.

In its ruling, judges from the Southern District of New York granted an injunction sought by the editor of the American Reporter, an online newspaper, who argued that the law was too broad.

The decision follows a ruling in June by a Philadelphia panel that also found a key part of the law unconstitutional. That ruling went further than Monday’s, finding the law too vague as well as too broad.

The Communications Decency Act of 1996 was passed overwhelmingly by Congress as part of the broader Telecommunications Act of 1996 and was signed by President Clinton on Feb. 8.

The Justice Department, which has said it will appeal the Philadelphia ruling, did not have immediate comment on Monday’s action. The government has voluntarily suspended enforcement of the law until the U.S. Supreme Court makes a final decision on the act.

Because lawmakers expected immediate constitutional challenges, they included provisions allowing swift appeals, first through special panels and then directly to the Supreme Court.

A key portion of the law, known as 223(d), makes it a crime to make indecent material available on computer systems that are accessible by children. The law provides for prison terms of two years and a $250,000 fine if indecent material is transmitted to minors.

The New York panel said government’s attempts to limit offensive material to children would also place unacceptable restrictions on adults.

The panel said the section not only regulates how pornographic material is sold and advertised, but “how private individuals who choose to exchange certain constitutionally protected communications with one another can do so.”

It said parents can take steps to restrict access by their children but that content providers have no way of guaranteeing that indecent material will not reach a minor.