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Judge Blocks Enforcement of
Michigan Unsolicited Porn Law

On July 29 a federal judge issued an injunction blocking the enforcement of a new Michigan law that had been slated to go into effect August 1 that criminalizes the dissemination of sexually explicit material to minors.

In his ruling, U.S. District Judge Arthur Tarnow agreed with the American Civil Liberties Union, which had filed suit June 23 on behalf of 10 plaintiffs, in its contention that the law violated the federal commerce clause because the Michigan statute would attempt to regulate conduct taking place outside the state. He also wrote, “Even under the guise of protecting minors, the government may not justify the complete suppression of constitutionally protected speech because to do so would ‘burn the house to roast the pig,’” using an argument similar to one that the Supreme Court offered for overturning the Communications Decency Act in 1997.

“This decision is a victory for free speech on the Internet,” ACLU of Michigan Legal Director Michael Steinberg commented.

Posted August 9, 1999.

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