HOMEReviewsCalendarGalleriesSitesBookseArtistContact

 
 

eArtist: Easy and Intuitive Business Software for the Busy Artist


 

Court Blocks Michigan Internet Censorship Law

Source: Arts Wire CURRENT at Arts Wire

DETROIT, MI -- Saying that Internet speakers faced an unconstitutional "Hobson's Choice" between free speech and criminal prosecution, last week a federal judge halted enforcement of a state law criminalizing online communications deemed "harmful to minors," according to the American Civil Liberties Union. (ACLU)

The law, which took effect August 1, makes it a crime to disseminate or display "sexually explicit matter" to minors. Violations are punishable by up to two years in jail, a fine of up to $10,000, or both. However, the ruling prevents implementation of the law until a full trial is held later this year.

"The Internet is an international free flow of ideas and information," Judge Tarnow wrote. "Enforcement of this Act would stifle one of the cornerstones of American Society -- what Thomas Jefferson called 'The Marketplace of Ideas.'"

"This decision is a victory for free speech on the Internet," said Michael Steinberg, Legal Director of the ACLU of Michigan. "The law would have criminalized a wide array of valuable speech in cyberspace ranging from advice about safe sex and AIDS prevention to art and literature."

"In the past four years, at least 25 states have considered or passed Internet censorship laws. However popular the laws may seem, they do not hold up well to constitutional scrutiny," the ACLU states.

In addition to halting enforcement of such laws in New Mexico and New York, last October the ACLU filed a challenge to the federal law known as the Child Online Protection Act. (COPA) In February 1999, a federal judge blocked enforcement of the law. A full trial is expected to take place later this year.

Source:

"Citing Marketplace of Ideas
Court Blocks MI Internet Censorship Law"
ACLU NEWSROOM -- http://www.aclu.org/news/pressind.html
July 30, 1999

"Court Grants Preliminary Injunction Against CDAII"
Arts Wire CURRENT --
http://www.artswire.org/current/1999/cur020999.html
February 9, 1999


Arts Wire is a service mark of the New York Foundation for the Arts.

Arts Wire CURRENT is a project of Arts Wire, a national computer-based network serving the arts community. Arts Wire CURRENT features news updates on social, economic, philosophical, and political issues affecting the arts and culture. Your contributions are invited. Contact Judy Malloy, editor.

To encourage the exchange of arts information and perspectives, Arts Wire CURRENT contents are not copyrighted unless specifically stated. We ask that you cite Arts Wire CURRENT as well as Arts Wire's url (http://www.artswire.org) when reprinting material. In addition, Arts Wire is very interested in documenting the use of material from Arts Wire CURRENT in other newsletters, publications and on online networks. Please send a copy to: Joe Matuzak, Arts Wire Director.

Search this site or the web
 
   Site search Web search


powered by FreeFind





Home | Art Reviews | Bookstore | eArtist | RSS
Search | About ArtScope.net | Advertise on ArtScope.net | Contact


© 2001 ArtScope.net. All Rights Reserved.