"Massive Suppression of Speech"

Today, U.S. District Judge Jan E. DuBois declared a Pennsylvania law requiring Internet service providers to block Web sites containing child pornography unconstitutional because it "the act cannot be implemented without excessive blocking of innocent speech in violation of the First Amendment."

You can read the text of the decision here.

The case was brought by the Center for Democracy and Technology and the American Civil Liberties Union against Pennsylvania Attorney General Gerald Pappert.

The ACLU and ADT argued that the technology used to block those Web sites was clumsy and that over two years ISPs trying to obey blocking orders were forced to cut access to at least 1.5 million legal web sites that had nothing to do with child pornography or even legal pornography, but shared internet addresses with the offending sites. When a service provider blocked the address for a child-porn site, it wiped out the entire cluster. (from MSNBC.com)

Judge DuBois wrote:

"There is little evidence that the Act has reduced the production of child pornography or the child sexual abuse associated with its creation. On the other hand, there is an abundance of evidence that implementation of the Act has resulted in massive suppression of speech protected by the First Amendment."

I agree entirely with the ACUL's position on this issue entirely, and am glad Judge Dubois made the right call. Now, before my counterparts at My 2 Cents and the 10th Cent speak out saying "SLINGSHIZZLE AND THE ACUL SUPPORT KIDDIE PORN!", let me make it perfectly clear that I do not support child pornography or challenge a state's right to reasonably stop the spread and production of child porn.

However, you cannot restrict legal speech to stop illegal speech. I agree with Judge Dubois when he wrote:

"The elimination of child pornography is an important goal and those responsible for the creation or distribution of child pornography should be prosecuted to the full extent of the law."

But again, you do nothing but hurt society and our freedoms as Americans when you restrict free speech in that pursuit.

Mark one up for freedom, just not conservative brand Freedom^TM.