Thank you for sharing!

Your article was successfully shared with the contacts you provided.
A federal judge has tossed out the state’s law barring distribution of sexually explicit pictures to minors over the Internet, saying it violates the First Amendment and Congress’ authority over interstate commerce. U.S. District Judge Patrick Duffy said in his ruling Monday that Internet filters are an equally effective and less restrictive alternative to keep such material from minors. The challenge was brought by booksellers and publishers, some of whom operate Web sites with material on topics like obstetrics, sexual health, visual art and poetry. They argued the law would prevent adults from access to constitutionally protected material. The Internet statute was passed four years ago as an amendment to the state’s existing law prohibiting the distribution of harmful materials to minors. No cases have been prosecuted under the new provision. Similar laws have been thrown out in six other states, said Michael Bamberg, an attorney who represented the plaintiffs. State Attorney General Henry McMaster said his office will review the ruling to decide if the state will appeal. “We don’t think the law as written violates the Constitution or anybody’s constitutional rights,” he said. “We think it’s important in today’s society that law enforcement take a strong view on obscenity aimed at children.” Copyright 2005 Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 1 article* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.