The Child Online Protection Act (COPA) was a law in the United States of America, passed in 1998 with the declared purpose of restricting access by minors to any material defined as harmful to such minors on the Internet. The law, however, never took effect, as three separate rounds of litigation led to a permanent injunction against the law in 2009.
Prior restraint is censorship imposed, usually by a government or institution, on expression, that prohibits particular instances of expression. It is in contrast to censorship that establishes general subject matter restrictions and reviews a particular instance of expression only after the expression has taken place.
Ex parte Young, 209 U.S. 123 (1908), is a United States Supreme Court case that allows suits in federal courts for injunctions against officials acting on behalf of states of the union to proceed despite the State's sovereign immunity, when the State acted contrary to any federal law or contrary to the Constitution. That ruling allows plaintiffs to sue in federal courts to prevent state officials from enforcing unconstitutional state laws.
A civil gang injunction or CGI is a type of restraining order issued by courts in the United States prohibiting gang members in particular cities from participating in certain specified activities. It is based on the legal theory that gang activity constitutes a public nuisance that can prevent non–gang members of the community from enjoying peace and public order. An injunction is obtained against the gang itself, after which the police and district attorney may decide against whom they will enforce it. Law enforcement use gang injunctions as a tool to label people as gang members and restrict their activities in a defined area (ACLU).
Halil Suleyman "Sul" Ozerden is the chief United States district judge of the United States District Court for the Southern District of Mississippi and a former nominee to be a circuit judge for the United States Court of Appeals for the Fifth Circuit.
United States v. American Library Association, 539 U.S. 194 (2003), was a decision in which the United States Supreme Court ruled that the United States Congress has the authority to require public schools and libraries receiving E-Rate discounts to install web filtering software as a condition of receiving federal funding. In a plurality opinion, the Supreme Court ruled that public school and library usage of Internet filtering software does not violate their patrons' First Amendment free speech rights and that the Children's Internet Protection Act is not unconstitutional.
Perfect 10, Inc. v. Amazon.com, Inc., 508 F.3d 1146 was a case in the United States Court of Appeals for the Ninth Circuit involving a copyright infringement claim against Amazon.com, Inc. and Google, Inc., by the magazine publisher Perfect 10, Inc. The court held that framing and hyperlinking of original images for use in an image search engine constituted a fair use of Perfect 10's images because the use was highly transformative, and thus not an infringement of the magazine's copyright ownership of the original images.
Nitke v. Gonzalez, 413 F.Supp.2d 262 was a United States District Court for the Southern District of New York case regarding obscene materials published online. The plaintiff challenged the constitutionality of the obscenity provision of the Communications Decency Act (CDA). She claimed that it was overbroad when applied in the context of the Internet because certain contents deemed lawful in some communities and unlawful in others will be restricted due to the open access of the Internet. The plaintiff also sought a permanent injunction against the enforcement of the obscenity provision of the CDA. The court concluded that insufficient evidence was presented to show there was substantial variation in community standards, as applied in the "Miller test", and to show how much protected speech would actually be impaired because of these differences. The relief sought was denied, and the court ruled for the defendant. The Supreme Court subsequently affirmed this ruling without comment.
American Booksellers Foundation for Free Expression v. Strickland, 560 F.3d 443, is a decision of the Sixth Circuit Court of Appeals involving a constitutional challenge—both facially and as-applied to internet communications—to an Ohio statute prohibiting the dissemination or display to juveniles of certain sexually-explicit materials or performances. The Sixth Circuit panel declined to resolve the constitutional issue but, instead, certified two questions to the Ohio Supreme Court regarding the interpretation of the statute. The Ohio Supreme Court answered both questions affirmatively and placed a narrowing construction on the statute. Since the Ohio Supreme Court's decision, the Sixth Circuit has not reheard the case.
Doe v. Shurtleff, 628 F.3d 1217, was a United States Court of Appeals for the Tenth Circuit case assessing the constitutionality of Utah Code Ann. § 77-27-21.5, a law that requires sex offenders to register their internet identifiers with the state in order to "assist in investigating kidnapping and sex-related crimes, and in apprehending offenders." In this case, a convicted sex offender, appearing anonymously as John Doe, appealed a decisionArchived January 4, 2014, at the Wayback Machine by the United States District Court for the District of Utah to vacate an order enjoining the enforcement of Utah Code Ann. § 77-27-21.5. Even though Doe did not dispute the state's interest in enacting such a statute, he believed that the statute's enforcement ran afoul of his:
Hedges v. Obama was a lawsuit filed in January 2012 against the Obama administration and members of the U.S. Congress by a group including former New York Times reporter Christopher Hedges, challenging the National Defense Authorization Act for Fiscal Year 2012 (NDAA). The legislation permitted the U.S. government to indefinitely detain people "who are part of or substantially support Al Qaeda, the Taliban or associated forces engaged in hostilities against the United States". The plaintiffs contended that Section 1021(b)(2) of the law allows for detention of citizens and permanent residents taken into custody in the U.S. on "suspicion of providing substantial support" to groups engaged in hostilities against the U.S. such as al-Qaeda and the Taliban respectively that the NDAA arms the U.S. military with the ability to imprison indefinitely journalists, activists and human-rights workers based on vague allegations.
Same-sex marriage has been legal in Mississippi since June 26, 2015. On November 25, 2014, U.S. District Court Judge Carlton W. Reeves of the U.S. District Court for the Southern District of Mississippi ruled that Mississippi's ban on same-sex marriage was unconstitutional. Enforcement of his ruling was stayed pending appeal to the Fifth Circuit Court of Appeals. On June 26, 2015, the U.S. Supreme Court ruled in Obergefell v. Hodges that the denial of marriage rights to same-sex couples violates the U.S. Constitution. On June 29, Attorney General Jim Hood ordered clerks to comply with the court ruling and issue marriage licenses to same-sex couples. The Fifth Circuit lifted its stay on July 1, and Judge Reeves ordered an end to Mississippi's enforcement of its same-sex marriage ban. However, until July 2, 2015, several counties in Mississippi continued to refuse to issue marriage licenses, including DeSoto, Jasper, Jones, Newton, Pontotoc, Simpson and Yalobusha.
Wolf v. Vidal, 591 U.S. ___ (2020), was a case that was filed to challenge the Trump Administration's rescission of Deferred Action for Childhood Arrivals (DACA). Plaintiffs in the case are DACA recipients who argue that the rescission decision is unlawful under the Administrative Procedure Act and the Fifth Amendment. On February 13, 2018, Judge Garaufis in the Eastern District of New York addressed the question of whether the government offered a legally adequate reason for ending the DACA program. The court found that Defendants did not provide a legally adequate reason for ending the DACA program and that the decision to end DACA was arbitrary and capricious. Defendants have appealed the decision to the Second Circuit Court of Appeals.
The Texas Heartbeat Act, Senate Bill 8, is an act of the Texas Legislature that bans abortion after the detection of embryonic or fetal cardiac activity, which normally occurs after about six weeks of pregnancy. The law took effect on September 1, 2021, after the U.S. Supreme Court denied a request for emergency relief from Texas abortion providers. It was the first time a state has successfully imposed a six-week abortion ban since Roe v. Wade, and the first abortion restriction to rely solely on enforcement by private individuals through civil lawsuits, rather than having state officials enforce the law with criminal or civil penalties. The act authorizes members of the public to sue anyone who performs or facilitates an illegal abortion for a minimum of $10,000 in statutory damages per abortion, plus court costs and attorneys' fees.
Moody v. NetChoice, LLC and NetChoice, LLC v. Paxton, 603 U.S. 707 (2024), were United States Supreme Court cases related to protected speech under the First Amendment and content moderation by interactive service providers on the Internet under Section 230 of the Communications Decency Act. Moody and Paxton were challenges to two state statutes – enacted in Florida and Texas, respectively – that sought to limit this moderation. In July 2024, the justices vacated the lower-court decisions in both cases due to both courts failing to perform a full First Amendment assessment of the laws, and remanded them for further consideration.
NetChoice is a trade association of online businesses that advocates for free expression and free enterprise on the internet. It currently has six active First Amendment lawsuits over state-level internet regulations, including NetChoice v. Paxton, Moody v. NetChoice, NetChoice v. Bonta and NetChoice v. Yost.
S.B. 152 and H.B. 311, collectively known as the Utah Social Media Regulation Act, are social media bills that were passed by the Utah State Legislature in March 2023. The bills would collectively impose restrictions on how social networking services serve minors in the state of Utah, including mandatory age verification, and restrictions on data collection, algorithmic recommendations, and on when social networks may be accessible to minors.
Protecting Kids on Social Media Act or HB 1891 is an American law that was created by William Lamberth of Sumner County, Tennessee and was later enacted by Tennesse's Governor on May 2, 2024. The bill requires social media websites such as X, YouTube, TikTok, Facebook and others to verify the age of users and if those users are under 18, they must have Parental Consent.
The Walker Montgomery Protecting Children Online Act or HB 1126 is an American law in the state of Mississippi. The bill had passed with no votes against it in both the senate and house in the state.
In 2022 California passed The California Age-Appropriate Design Code Act or AB 2273 which requires websites that are likely to be used by minors to estimate visitors ages to give them some amount of privacy control and on March 23, 2023, Utah Governor Spencer Cox signed SB 152 and HB 311 collective known as the Utah Social Media Regulation Act which requires age verification and if they are under 18 they have to get parental consent before making an account on any social media platform. Since then multiple bills have been introduced or passed in multiple states however very few gone into effect mainly due to court challenges including both laws in California and Utah.
