[Cybertel-Ann] ACLU v Gonzales (EDPA Mar 22, 2007) (COPA)

[Robert Cannon]

  http://www.paed.uscourts.gov/documents/opinions/07D0346P.pdf
  At issue in this case is the constitutionality of the Child Online Protection Act, 47 U.S.C. § 231 (“COPA”) and whether this court should issue a permanent injunction against its enforcement due to its alleged constitutional infirmities. COPA provides both criminal and civil penalties for transmitting sexually explicit materials and communications over the World Wide Web (“Web”) which are available to minors and harmful to them. 47 U.S.C. § 231(a). After a trial on the merits, for the reasons that follow, notwithstanding the compelling interest of Congress in protecting children from sexually explicit material on the Web, I conclude today that COPA facially violates the First and Fifth Amendment rights of the plaintiffs because: (1) at least some of the plaintiffs have standing; (2) COPA is not narrowly tailored to Congress’ compelling interest; (3) defendant has failed to meet his burden of showing that COPA is the least restrictive, most effective alternative in
 achieving the compelling interest; and (3) COPA is impermissibly vague and overbroad. As a result, I will issue a permanent injunction against the enforcement of COPA.
   
  
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