Supreme Court Takes Online Pornography Case

Yesterday I met with our Senior Counsels in the Virginia office of the American Center for Law and Justice (ACLJ).  The purpose of the meeting was to begin the preparation of a brief to be filed with the Supreme Court of the United States dealing with the issue of online pornography.  The Supreme Court has accepted a case stemming from congressional action to stop online obscenity and pornography aimed at young people.  The Protect Act is an important piece of legislation.  Its also one that the ACLJ helped to draft.  We will be filing a brief with the Supreme Court of the United States, representing various members of Congress who were the actual sponsors of the legislation.

In the past, the Supreme Court has not been receptive to attempts by Congress to protect young people from online pornography.  In fact, in one case where the Court struck down an act of Congress, Justice Breyer, in his dissent, made a fascinating observation.  He noted that Congress took the exact language from a previous case and inserted it into the legislation in order to ensure its constitutionality.  Yet, despite this fact, a majority of the Court held the statute unconstitutional.  Justice Breyer, who would have ruled in our favor in the case, said that Congress utilized the language the Court providedwhat else was Congress supposed to do?  This time, the Court should not miss the opportunity to uphold this statute as constitutional.