Appeals Court Strikes Down "Unconstitutional" Online Protection Act

July 22, 2008 2:55 p.m. EST

Philadelphia, PA (AHN) - A federal appeals court has again ruled the 1998 Child Online Protection Act violates the First Amendment and was written too vaguely. The 3rd U.S. Circuit Court's decision affirms a lower court that had already ruled the law unconstitutional.

COPA, which forbids anyone allowing access to harmful material available online to children, was designed to replace the Communications Decency Act, an earlier law that was also deemed unconstitutional.

Today's ruling will likely send the issue to the U.S. Supreme Court, extending a court battle that has been waged for a decade. The Philadelphia court also said filtering technology already exists to allow parents to control their child's access to Internet material.

In a statement, the Center for Democracy & Technology, said the ruling indicates the best method for protecting children online is to provide the right tools to parents.