New Internet Legislation Raises Grave First Amendment Concerns

The Stop Online Piracy Act (SOPA) – HR 3261 – while intending to crack down on Internet piracy, could impose dangerous restrictions on free speech. As I previously told you, SOPA would give drastic new authority to the Justice Department to monitor and censor websites. However, the ACLJ’s new legal analysis reveals that this bill, if enacted, would also allow anyone claiming a copyright infringement (regardless if it is true or proven) to silence speech with which they disagree simply by filing a complaint to have the website blocked.

Among the many First Amendment concerns raised by the ACLJ’s legal analysis, SOPA:

Enables “Lawfare” and Viewpoint Discrimination, and Fails to Exempt U.S. Based Actors Already Subject to Existing Federal Laws: SOPA’s private causes of action would allow anyone asserting a copyright or trademark right to effectively attack and silence both foreign and domestic speakers and viewpoints they may disagree with or find objectionable. There are no corresponding exceptions or affirmative defenses provided, and if, as SOPA’s proponents claim, SOPA is intended to only target overseas online piracy and copyright infringement, domestic U.S. businesses and individuals should be exempted.

You can read the ACLJ’s entire legal analysis here. We will continue to monitor this legislation and keep you updated.