mindseye: huge_cock_have_pic has stated in numerous places on this board that somehow state laws trump federal law with regard to censorship, and that furthermore various "case law" also support his view.
At the expense of even more of my study time, I decided to provide the rest of you with some relevant links as to what the *actual* case law is on this matter.
I'm only focusing on case law over the past ten years -- prior to 1993, the World Wide Web was not in widespread use.
A good summary is available at Cornell University's
Legal Information Institute -- although it is slightly out of date;
ACLU vs. Reno/Ashcroft has been decided in favor of the plaintiffs.
Child Pornography Prevention Act (CPPA)
Federal law defines child pornography in a way that requires that a child actually be present (and abused) during its creation. This includes video and pictures, but not fantasy text written in the absence of the minor.
In 1996, this law was amended to include so-called "virtual child pornography" -- video or pictures that include computer-generated children, or adult actors that are digitally altered to look more like children. Such pornography 'loopholed' around the former law. In 2002, the Supreme Court decided 7-2 in
Ashcroft v. Free Speech Coalition, to strike down the provisions of this law on the grounds that the restrictions it imposed were overly broad.
Communications Decency Act (CDA)
Also in 1996, the "Communications Decency Act" was enacted, which criminalized a broad range of online discussion. Under the CDA, anyone who "initiates the transmission of, any comment, request, suggestion, proposal, image, or other communication which is obscene, lewd, lascivious, filthy, or indecent," or "uses any interactive computer service to display in a manner available to a person under 18 years of age, any comment, request suggestion, proposal, image, or other communication that, in context, depicts or describes, in terms patently offensive as measured by contemporary community standards, sexual or excretory activities or organs, regardless of whether the user of such service placed the call or initiated the communication" would be guilty of a crime and could be fined up to $100000 or imprisoned for two years.
In a rare unanimous[sup]1[/sup] decision, the Supreme Court ruled in the case of
Reno v. ACLU that the CDA violated the first amendment.
In the majority opinion, Justice Stevens wrote, "
The interest in encouraging freedom of expression in a democratic society outweighs any theoretical but unproven benefit of censorship." [italics mine]
Child Online Protection Act (COPA)
In 1998, Congress attempted to rectify the constitutional flaws in the CDA by passing the Child Online Protection Act.
This new act prohibited "any communication [via the World Wide Web] for commercial purposes that is available to any minor and that includes any material that is harmful to minors."
In 2000,
a federal appeals court struck down the COPA, although the Supreme Court decided in
Ashcroft vs. ACLU to partially reverse the decision of the appeals court. In doing so, they sent the case back to a lower court for review.
Following a review by a lower court, the Supreme Court decided 8-1 in
Ashcroft v. ACLU that -- based on technical grounds, the COPA could not be enforced.
[sup]1[/sup]Although the decision was unanimous, Justices Rehnquist and O'Connor filed a separate opinion "concurring in part and dissenting in part".