Understanding COPA’s journey

Like a performance of John Cage’s ORGAN2/ASLSP (“As Slow As Possible”), in which the notes played change every year or so, the COPA statute has just fallen yet again. The statute, first enacted in 1998, has been strongly challenged on First Amendment and other grounds, and yesterday’s Third Circuit opinion announced a dozen reasons why it is unconstitutional. The statute has already made two trips to the Supreme Court and may well make a third. If you are asked at a cocktail party what the statute is about and why…

One judge at a time

So you can educate a judge. Bravo to EFF, ACLU and their colleagues for reminding Judge White about the First Amendment and persuading him that a take-down order for an entire bulging web site when you’re worried about a few pages isn’t constitutional. (EFF press release, Judge Dissolves Wikileaks.org Injunction: First Amendment Rights of Internet Users Upheld in Today’s Hearing.) And bravo to the judge for having the grace and judgement to learn and back down. Media coverage said that Judge White’s initial order was a “prior restraint.”:  I have…