The state of Massachusetts forbids selling or showing smut to kids. But when a new law yesterday extended those rules to the Internet, the ACLU cried foul and sued the state for demanding that the entire Internet be kid-friendly.
…but they had profound implications for free expression. The new law extended “harmful to minors” to the Internet. In addition to smutty books, films, pamphlets, pictures, plays, dances, and statues (!), Massachusetts decided that the “matter” which might harm minors should now include:
electronic mail, instant messages, text messages, and any other communication created by means of use of the Internet or wireless network, whether by computer, telephone, or any other device or by any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo-electronic or photo-optical system.
The law went into effect yesterday, and today it was challenged in court by the ACLU, the Comic Book Legal Defense Fund, and several booksellers. By going digital, the expanded law suddenly moves away from the shop counter and onto the ‘Net, where it “threatens Internet communications nationwide and even worldwide.”
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