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The SCOTUS today said that the Miller obscenity test is applicable to the Internet, upholding that portion of the COPA (Child Online Protection Act), by a measure of 8 to 1. I've been saying this would happen for three and a half years, but no one believed me. :-) One justice, Stevens, said the Miller test can't be used for the Internet, because community standards vary too much. While this is a problem with Miller, it's always been dealt with reasonably before.

The law still has to go back to lower courts for a handful of other tests, and it may die yet, but it's still alive, and the ACLU was smacked down, as I hoped they would be, on this important issue.

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<pudge/*> (pronounced "PudgeGlob") is thousands of posts over many years by Pudge.

"It is the common fate of the indolent to see their rights become a prey to the active. The condition upon which God hath given liberty to man is eternal vigilance; which condition if he break, servitude is at once the consequence of his crime and the punishment of his guilt."

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This page contains a single entry by pudge published on May 13, 2002 11:04 AM.

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