Groups ask judge to strike down Virginia Internet law

By The Associated Press

07.30.01

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CHARLOTTESVILLE, Va. — A coalition of businesses asked a federal judge late last week to strike down a state law that allows Web site operators to be prosecuted if they knowingly allow juveniles to peruse or access pornographic material on their sites.

"Put not your faith in the good intentions of man, but write the law tight," said U.S. District Judge James H. Michael Jr. at the close of the July 27 hearing, recalling a phrase he said was popular while he was a state senator in the 1970s.

Michael said he would rule on the case as soon as possible.

At the heart of the issue is whether government can craft a law narrow enough to shield juveniles from "harmful" Internet sites while still protecting the First Amendment rights of adults engaged in free speech on the Internet.

Citing concerns about the First Amendment and interstate commerce, Michael temporarily suspended the law in August, making Virginia the fourth state — joining New Mexico, New York and Michigan — where courts have ruled against similar laws.

On July 27, the 18 or more plaintiffs asked Michael to grant them summary judgment so the case won't go to trial, arguing that the law unconstitutionally violates free speech regardless of any evidence the state could present. The plaintiffs include the giant Internet service provider PSINet Inc. and the publisher of Penthouse magazine.

The law was amended to its current form by the General Assembly in 2000.

The plaintiffs also contend that because the law subjects out-of-state Web site operators to Virginia's statutes, it violates the Constitution's Commerce Clause, which gives the federal government power to regulate questions of interstate commerce.

But Solicitor General William Hurd argued for the state that the law is not intended to target out-of-state Web site operators. What's more, Hurd said, Virginia has a right to protect its children as best it can, even if state laws can't control all pornography.

"The fact that it is simply an interstate form of communication cannot prevent the state from regulating what it otherwise would regulate," Hurd said, adding that Virginia should help parents shield their children from harmful online material.

Update

Virginia law restricting Internet material ruled unconstitutional
Federal judge says statute intended to protect children from harmful material isn’t specific enough to protect adults’ rights.  10.15.01

Previous

Federal judge halts enforcement of Virginia Internet law
'Less intrusive and more effective means of limiting online access by children to adult materials are widely available to parents,' writes judge.  08.10.00

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Federal appeals court strikes down N.M. law regulating speech on the Internet
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Federal judge blocks enforcement of Michigan Internet censorship law
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