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On 30 June 2004, in Ashcroft v. American Civil Liberties Union,[3] the Supreme Court upheld the block on enforcement, ruling that the law was likely to be unconstitutional. Notably, the court mentioned that "filtering’s superiority to COPA is confirmed by the explicit findings of the Commission on Child Online Protection, which Congress created to evaluate the relative merits of different means of restricting minors' ability to gain access to harmful materials on the internet".
Think of how much more dramatic this is
http://www.aclu.org/scotus/2001/14792prs20020416.html
Look at the fundamental values. these values will hold up.
I don't care if it's a Replican or Democrtic SC. Freedom of speech any any law that affects it usually is overtunrned. There is just too much precedence.
And in None of the caes, unlike the Gore case did the Sc say it inly applies to this situaition. IF a lw the restrics free speech passes MANY other free speach laws that were overturned will come back in a different form. The highest courts know this ver well.
yes, but keep in mind that since then we have changed 2 members of the surpreme court. roberts and alito aren't going to be voting any less than conversative.
it may not change this but it will slowly reshape some things about the way we live for a while to come. it's not just the government - the religious right has really found its voice and more of them seem to be voting than before.
Quote:
Originally Posted by abostonboy
Basschik,
I truly as a citizen of this country MUST belive that we have th eright to free soeech. And any laws that inluence it will be turned down. It's a belief we have enjoyed as Americans since the Constitution was founded.
It is a belief that I refuse to lose faith in. I MAY be wrong, but the beauty of America is that even Repblican judhes understand this LONG last right of every american citizen to free speech.
It may happen, but it will be a very sad day for not only porn but MANY other aspects of society.
have you ever read about the mccarthy era? everything that is happening now was happening then, and people were thrown in jail for beliefs that weren't even against the law - not just a few but thousands of lives were torn apart. a lot of those people weren't communists (which, again, wasn't actually illegal) nor even sympathizers. just being suspected was enough to keep you from working in your career for life.
if you read some of the speeches of the period, it will blow your mind. the conservatism, the complete disbelief in the constitution.
http://www.cnn.com/SPECIALS/cold.war...ents/mccarthy/
or i hear that george clooney's movie, good night, and good luck, does a good job with the topic. people who saw the movie thought mccarthy's speeches were too over-the-top to be real. turned out they weren't done by an actor - they are really him.
Quote:
Originally Posted by abostonboy
One possible upside to a adult content rating system mandated by the government is that it would force them to finally define, on a national level, what is considered obscene. This, in turn, would suit the majority of adult companies just fine to finally know what they can't and can't be prosecuted for with respect to content they produce.
I agree with you on one level, but our government will never let that happen. They believe to strongly in states rights. I mean look at the issue of sodomy. Even if the government, says sodomy has to be rated, there will still be states that try and procescute the act.Quote:
Originally Posted by tombarr
I don't have a problem with labeling IF I know exactly how to label. I don't think that the TRUE intent is really about labeling. The courts have ruled through COPA that the labeling/system in effect that already exists is a good enough weapon.
This is my final post on this as it's a too emotional issue for me.
Tom and all others, my main issue is not so much with the rating sytem as it is with some provisions that limit free speech. And once agian as with COPA there are vagueness issues involved.
Basschick I am well aware about how are freedoms as American have been limited.
The most damaging limiting of our Freedom was when the Supreme Court (a group of judges that we did not elect) elected George Bush as president of the United Satates and in their ruling (for the first time if I am not mistaken) said it only applies to this case.
Wvery chance this administration gets, they try and strip rights away from women and us as Americans in general. We have a presindent who has vetoed less legislation since I don't know when, because he so strongly believes in the executive power of his office. He believes he is above the law.
My whole point when I said don't worry right now, is not that the law wont go in effect. But on a site level what can we really do, except rate our sites with the only systems available to us now. IF we try and start using a rating system we design, then the government will say, "look even thay can't even agree on their own material." And when the law is passed, just as COPA and 2257, it will be thrown in the courts for years. Moving up the ladder until it reaches the Big One.
Many people thought 2257 would kill our industry and cause many prosecutions within a year. After seeing what has happened, I am 2257 compliant more than before, but still not overly worried that I will get a know on my door. Even less so that I was a year or so ago.
IF we let the day come, it will be impossible for a 14 year old child to do research on the internet about breast cancer after finding out his/her mother was diagnosed.