Thursday, March 25, 2004

Va. statute prohibiting online display of material harmful to minors unconstitutional

In PSINet, Inc. v. Chapman, the Fourth Circuit in an opinion by Judge Spencer of the E.D. Va., sitting by designation, affirmed the conclusion of Judge Michael of the W.D. Va. that Va. Code 18.2-391 is unconstitutional under the First Amendment and the Interstate Commerce clause. Judge Davis of the D.Md. wrote a concurring opinion, and Judge Niemeyer wrote a dissenting opinion.

No comments: