A three-judge panel of the U.S. Court of Appeals for the 4th Circuit in Richmond ruled 2–1 that the law was overly broad and imposes an unconstitutional burden on protected adult speech, the Associated Press reported March 26.
“In order to avoid being too burdensome on protected speech, the statute cannot . . . protect Virginia’s juveniles from foreign or out-of-state Internet materials, regulate non-commercial Internet materials, or regulate materials posted on bulletin boards or in chat rooms,” wrote Judge James R. Spencer.
The American Library Association’s Freedom to Read Foundation was among 16 plaintiffs challenging the statute, joining Internet service provider PSINet, People for the American Way Foundation, other organizations, and several authors.
“This decision reaffirms that the First Amendment applies to the vast electronic reach of the Internet just as it applies to the written word,” said PFAWF President Ralph G. Neas. “It also helps ensure that a generation of people raised with the Internet will not be denied access to a broad range of information on health care, literature, the arts, and human sexuality.”
A spokeswoman for Virginia Attorney General Jerry W. Kilgore told the AP no decision has been made on whether to appeal the ruling.
Posted March 26, 2004.