Appeals Court Affirms Vermont Internet Law Is Unconstitutional
On August 27, the U.S. Court of Appeals for the Second Circuit in New York affirmed a Vermont federal district court decision holding a Vermont Internet law unconstitutional under both the First Amendment and the federal Commerce Clause. The law, which prohibited the distribution on the Internet of non-obscene sexually explicit materials that are defined as "harmful to minors" if they could be accessed by persons under 18, was found by the Court of Appeals to burden speech protected by the First Amendment and to not be narrowly tailored.