Censorship involves policing the Internet. The censoring body may prohibit what they consider to be immoral or otherwise objectionable. Many feel that such censorship is an infringement upon their 1st Amendment free speech rights.
Congress passed the Communications Decency Act of 1996, designed to protect minors. This was their first attempt to censor or to put safeguards on Internet web sites. The American Civil Liberties Union (ACLU) and the Electronic Privacy Information Center (EPIC) took the case to the United States Supreme Court. On June 26, 1997 the Supreme Court affirmed the lower courts decision that the CDA was unconstitutional. The Supreme Court ruled that the CDA infringed on a person’s 1st Amendment right. The CDA applied to commercial web sites as well as any non-commercial speech on the Internet (i.e. chat rooms, e-mail). The Supreme Court struck down the CDA because the 1st Amendment protects American citizens and their right to free speech.
Congress acted quickly and introduced additional legislation. HR 3783, the Child Online Protection Act (COPA), imposes criminal penalties against any “commercial’ web site that makes material that is “harmful to minors” available to anyone under 17 years of age. Many argue that this also is an infringement upon their constitutional 1st Amendment right. They claim the burden of censorship should be on the parents and not the government (www.epic.org/free_speech/copa/ 5/17/2000).
The ACLU and EPIC have now challenged COPA. U.S. District Judge Lowell A. Reed issued a temporary restraining order against the enforcement of COPA. Judge Reed noted that this case involves a “clash between 1st Amendment rights and the nation’s responsibility to protect children.”
Congress continues to introduce new legislation. Currently Senator John McCain has introduced bill S. 1619. This bill would require schools and libraries to use filtering Software. Senator Daniel Coat introduced bill S. 1482. This bill would criminalize material that is “harmful to minors” on the Internet. Newspapers and magazine articles will be a very useful source for students on current legislation and issues affecting Internet users and protecting their 1st Amendment rights.