Constitutional Law——Preliminary Injunction Against Enforcement of Child Online Protection Act Upheld——Ashcroft v. ACLU, 124 S. Ct. 2783 (2004)

The First Amendment of the United States Constitution expressly states that “”Congress shall make no law . . . abridging the freedom of speech.””  Due to concern over limiting the free expression of thought, courts generally construe the First Amendment to preclude the government from regulating speech based upon subject matter.  The United States Supreme Court, however, has permitted content-based restrictions on a limited basis where the speech is of minimal social value.  In Ashcroft v. ACLU, the Supreme Court considered whether the Third Circuit Court of Appeals correctly affirmed an order granting a preliminary injunction against the enforcement of the Child Online Protection Act (COPA).  The Court upheld the preliminary injunction, and concluded that the district court did not abuse its discretion in holding that the government failed to prove the absence of less restrictive alternatives. . . .