Document Type
Note
Publication Date
12-1999
Publication Citation
52 Federal Communications Law Journal 155 (1999)
Abstract
Congress's first attempt to regulate minors' access to sexually explicit material via the Internet failed. Congress responded with the Child Online Protection Act, which, despite its narrower scope, cannot withstand constitutional scrutiny. This Notes delves into the constitutionality of Congress's second attempt by addressing the difficulty of applying the vague "harmful to minors" definition to the Internet medium and the economic and technological unavailability of the Act's affirmative defenses. This Note concludes with an explanation as to why legislation is an ineffective mechanism to address the problem of minors' access to online pornography.
Recommended Citation
Miller, Heather L.
(1999)
"Strike Two: An Analysis of the Child Online Protection Act’s Constitutional Failures,"
Federal Communications Law Journal: Vol. 52:
Iss.
1, Article 7.
Available at:
https://www.repository.law.indiana.edu/fclj/vol52/iss1/7
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Communications Law Commons, Constitutional Law Commons, Internet Law Commons, Legislation Commons