Congress and the Courts Battle over the First Amendment: Can the Law Really Protect Children from Pornography on the Internet?, 21 J. Marshall J. Computer & Info. L. 141 (2003)

Authors

Mitchell P. Goldstein

Abstract

Litigation and court action have provided little in the way of providing solutions to anyone dealing with inappropriate content on the Internet. In Miller v. California, 413 U.S. 15 (1973). The court refused to establish a national standard and instead relied on community standards. Because the Internet has no geographic limitations, one cannot determine community standards because the Internet is so far reaching. Goldstein discusses in detail these Congressional enactments: Communications Decency Act of 1996, the Child Online Protection Act, and the Child Pornography Prevention Act of 1996, finding that none of them give children protection from pornography. The challenge for the Court is to put an end to the litigation created by Miller by clearly defining how Miller works in a world that is no longer divided by space and time. It must decide whether it wants to establish a national or local test for community standards.

Recommended Citation

Mitchell P. Goldstein, Congress and the Courts Battle over the First Amendment: Can the Law Really Protect Children from Pornography on the Internet?, 21 J. Marshall J. Computer & Info. L. 141 (2003)