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April 20, 2002
Ashcroft v. Free Speech Coalition

Reason Online has a good article regarding Ashcroft v. Free Speech Coalition. For those that aren't familiar, this case regarded the extension of federal obscenity code to make it illegal to traffic in or posses pornography that simulated sex involving minors regardless of whether actual children were involved. The Supremes obviously found this an illegal prior restraint. There is one quote from the opinion that has interesting applicability to the DMCA anti-circumvention sections and the proposed CBDTPA.

To preserve these freedoms, and to protect speech for its own sake, the court�s First Amendment cases draw vital distinctions between words and deeds, between ideas and conduct. The government may not prohibit speech because it increases the chance that an unlawful act will be committed at �some indefinite future time.�


Posted by hoffmang | April 20, 2002 09:37 PM


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