U.S. Judge Blocks 1998 Online Porn Law

To defend the nine-year-old law, government lawyers attacked software filters as burdensome and less effective, even though they have previously defended their use in public schools and libraries. That case was over a 2000 law requiring schools and libraries to use software filters if they receive certain federal funds. The high court upheld that law in 2003.

The plaintiffs expect the Justice Department to appeal. Justice spokesman Charles Miller said the department still was reviewing the decision and has "made no determination as to what the government's next step will be."

"I would hope that Attorney General (Alberto) Gonzales would save the U.S. public's money and not try to further defend what is an unconstitutional statute," said John Morris, a lawyer with the Center for Democracy and Technology, which wrote a brief in the case.

"That money could better be used to help educate kids about Internet safety issues," he said.

The plaintiffs argued that filters work best because they let parents set limits based on their own values and a child's age.

Reed concluded that filters have become highly effective and that the government - if it wants to protect children - could do more to promote or subsidize them.

The law addresses material accessed by children under 17, but only applies to sites hosted in the United States.

The Web sites that challenged the law said fear of prosecution might lead them to shut down or move their operations offshore, beyond the reach of U.S. law. They also said the Justice Department could do more to enforce obscenity laws already on the books.

Reed noted in his 83-page ruling that, since 2000, the Justice Department has initiated fewer than 20 prosecutions for obscenity that did not also involve other charges such as child pornography or attempts to have sex with minors.

Although the government argued for the use of credit cards as a screening device, Reed said he saw no evidence of any accurate way to verify the age of Internet users. And he agreed that sites that require a credit card to view certain pages would see a sharp drop-off in users.