FEPP Archives - Court and Agency Briefs - 2000-01

Supreme Court Brief in the "COPA" Case
(September 2001) - Four sexuality scholars' organizations, along with the National Coalition Against Censorship, filed a brief with the Supreme Court explaining that there is no body of scientific evidence establishing that minors are harmed by reading or viewing sexual material. Hence, the "Child Online Protection Act," which criminalizes "harmful to minors" expression online, is not justified by any compelling governmental interest. In May 2002, the Supreme Court ruled that using the vague notion of "community standards" as part of the definition of what is "harmful to minors" is not in itself unconstitutional, and sent the case back to the lower courts for further consideration. (See Supreme Court Punts, and, for an update, Ashcroft v. ACLU, on the 2003-04 Supreme Court Page.) Read the brief in html or pdf.

Friend of the Court Brief in Indianapolis Video Games Censorship Case
(November 8, 2000) - Scholars and authors specializing in the field of media and communications submitted a brief to the U.S. Court of Appeals for the Seventh Circuit explaining that there is no scientific or empirical justification for a censorship law that barred access by any person under 18 to any video game that contains simulated "graphic violence" and is considered "harmful to minors." In March 2001, the court invalidated the law. For a pdf copy of the brief, click here.