Ruling Expected on Law to Protect Kids Online

A federal judge in Philadelphia is expected to rule today whether the government’s latest attempt to curb smut on the Internet is constitutional.

At issue is the fate of the Child Online Protection Act, which would require commercial Web sites to restrict access to any material deemed “harmful to minors” or risk penalties of up to six months in jail and fines up to $50,000 per day.

The law was passed last year, but Judge Lowell A. Reed Jr. issued a temporary restraining order in November barring enforcement of the controversial measure. That order is set to expire today.

The law is under legal challenge by a group of 17 plaintiffs, ranging from small operators of sex advice Web sites to giant media companies, including the New York Times and Warner Bros. Online. Spearheading the challenge are attorneys from the American Civil Liberties Union, who argue that the law is an unconstitutional restraint on free speech and a potentially crippling blow to thousands of Web sites.

But the law was carefully crafted by members of Congress to clear the constitutional hurdles that tripped up the Communications Decency Act, an earlier government attempt to rein in obscene material. It was overturned by the Supreme Court.

Legal experts expect Reed to continue blocking enforcement of the law but say the matter is almost certain to be appealed no matter the outcome today.