The Child Online Protection Act suffers from a slew of fatal flaws that render the law unconstitutional under the First Amendment, the Third U.S. Circuit Court of Appeals has ruled.
“We are quite certain that notwithstanding Congress’s laudable purpose in enacting COPA, the government has not met its burden of showing that it is narrowly tailored so as to survive a strict scrutiny analysis and thereby permit us to hold it to be constitutional,” Senior Third Circuit Judge Morton I. Greenberg wrote in ACLU v. Mukasey.
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