ABFFE Celebrates Supreme Court Decision on Internet Censorship

After years of legal wrangling, on Tuesday, January 20, the U.S. Supreme Court announced that it would not review a decision by a federal court in Philadelphia striking down the Child Online Protection Act (COPA). The American Booksellers Foundation for Free Expression, Powell's Books, and A Different Light Bookstores were among the plaintiffs that challenged the constitutionality of the law in a case filed by the American Civil Liberties Union. "It was a long wait, but it was worth it," said ABFFE President Chris Finan. "The death of COPA means that Americans will continue to enjoy unfettered access to the Internet."

In 1996, Congress passed the Communications Decency Act (CDA), banning "patently offensive" depictions or descriptions of "sexual or excretory activities." After the Supreme Court struck down CDA, in 1998 Congress passed COPA, which prohibited the display of material that is "harmful to minors" on commercial websites. The ACLU challenged the law on behalf of a broad coalition, including booksellers, writers, artists, and health educators who use the Internet to communicate sexual material that is not legally obscene and is therefore protected for adults.

Of special concern to booksellers was that the display of sexual content on their websites, whether in the form of jacket art or book excerpts, could subject them to prosecution.

ABFFE noted: "The passage of COPA encouraged nine states to enact versions of the law. ABFFE joined members of the Media Coalition in challenging eight of them. ACLU challenged a ninth law, in Michigan, and participated in several of the Media Coalition cases as a plaintiff. All but two of the laws, in Ohio and Utah, were struck down. The Ohio and Utah laws have been enjoined and are unlikely to be upheld in light of the COPA decision."