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…