Blogcritics.org: Supreme Court Says Porn Law Likely Violates First Amendment
WASHINGTON -- The Supreme Court ruled that a law meant to punish pornographers who peddle dirty pictures to Web-surfing kids is probably an unconstitutional muzzle on free speech.
The high court divided 5-to-4 over a law passed in 1998, signed by then-President Clinton and now backed by the Bush administration. The majority said a lower court was correct to block the law from taking effect because it likely violates the First Amendment.
The court didn't end the long fight over the law, however. The majority sent the case back to a lower court for a trial that could give the government a chance to prove the law doesn't go too far. The majority, led by Justice Anthony M. Kennedy, said there may have been important technological advances in the five years since a federal judge blocked the law. Holding a new trial will allow discussion of what technology, if any, might allow adults to see and buy material that is legal for them while keeping that material out of the hands of children.
Justices John Paul Stevens, David H. Souter, Clarence Thomas and Ruth Bader Ginsburg agreed with Justice Kennedy.