Tuesday, May 29, 2007

Government appeals Judge Reed's decision on COPA

The Justice Department, it has been learned, plans to appeal Judge Lowell A. Reed's March 22, 2007 Opinion striking down the Child Online Protection Act of 1998 (COPA) to the Third Circuit. This continues a judicial battle that has been going on for nine years. The schedule is not known yet, but it would be likely to be argued in the fall.

The Third Circuit, remember, overturned COPA (that is, upheld Judge Reed's 1999 injunction issued without trial) in 2000 using a community standards argument that the Supreme Court, in 2002, rejected on the theory that it would confound notions of obscenity laws (deferring to Miller and Hamburg). But the Third Circuit upheld the injunction again in 2003, using arguments similar to those of Reed's opinion in the full trial in 2007.

Third Circuit Opinion in 2003. (PDF)

Third Circuit 2000 opinion here.

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