Judges Toss Out Online Porn Law

St. Louis Post-Dispatch, AP ^ | May 31, 2002 | St. Louis Post-Dispatch, AP

[FreeTally]

No, its not something that Congress should do or something that is Constituional, but neither are publically funded libraries - thats the problem. Also, I think there is a difference between not providing access to certain materials and altering parts of material the library carries. If I flip through a book, and notice a chapter missing, I'll just go to another library or buy the book. I still do not have a right to publically funded access to whatever I want to look at.

I guess my real problem is that libraries are publically funded in the first place. That fact creates these problems. In this case, the rationale Congress should take is that the computers are open to the public, which makes it very difficult to assure that minors are not illegally viewing porography on the public dime. Many stores are required to keep sexually explicit material behind the counter. Does that hinder adult access? Yes. It could be argued that an adult may choose not to buy the porno if he/she has to go into a "back room" or ask the sales person to fetch it behind the counter, thus hurting the producer. But, can the material still be bought? Sure. Its just that a minor's access has been restricted by placement and supervision.

Im the last person who wants Congress making any new laws and restricting anything, but the fact that the Feds have no authority to fund libraries conplicates everything.

[Dog Gone]

I agree that funding public libraries is not a proper function of the Federal Government. If the state, county, or city wants to do it, fine.

It certainly follows, then, that Congress has no business regulating what is available there.

That's a different constitutional arguement, though.

We'll see if the US Supremes take this case, but I have to warn you that I think it's a slam dunk that they'll strike this law down. The four liberals will vote to strike it down, and they only need one conservative to side with them, and the issues are balanced enough that winning over one out of five should be fairly easy.

[rface]

Any appeal of the decision by 3rd U.S. Circuit Judge Edward R. Becker and U.S. District judges John P. Fullam and Harvey Bartle III would go directly to the U.S. Supreme Court.

(as per St. Louis Post-Dispatch)