Virginia law restricting Internet material ruled unconstitutional
By The Associated Press
10.15.01
CHARLOTTESVILLE, Va. — A federal judge has ruled that a Virginia law intended to restrict Internet material considered harmful to children is unconstitutional.
U.S. District Judge James H. Michael Jr.'s opinion prevents the state from enforcing a 1999 law subjecting Web site operators to criminal prosecution if they knowingly allow minors access to sexually explicit material on their sites. Virginia is the fourth state in which judges have struck down such laws.
"Given the current state of Internet technology, enforcement of the act will restrict the access of both adults and children to material considered 'harmful to minors,' " Michael wrote in a ruling filed late Oct. 11.
The judge ruled that the law, most recently amended last year, violates both the First Amendment and the Commerce Clause, which gives the federal government jurisdiction over interstate commerce. He issued a similar opinion in August 2000 when he temporarily suspended the law while the lawsuit was pending.
The plaintiffs included a coalition of about 18 businesses ranging from Internet provider PSINet Inc. to the publishers of Penthouse to the Charlottesville Sexual Health and Wellness Clinic.
The businesses argued that the law violates free speech by limiting what adults can say in Internet chat rooms and e-mails and what they can post on Web sites. It also unconstitutionally subjects out-of-state Web site operators to Virginia laws without the operators even knowing, they argued.
Lawyers for the state countered that the law protects Web site operators who take reasonable steps to keep minors from the material, such as requiring credit card numbers and personal information. In addition, they argued, those same steps ensure that adults can engage in constitutionally protected speech while children are shielded from it.
Michael acknowledged the state's interest in "helping parents to protect minors from sexually explicit materials" but the judge determined that Virginia lawmakers had not made the law specific enough to protect the freedoms of adults.
A spokesman for Attorney General Randolph A. Beales said the state would appeal.