from wired.....

"A three-judge panel of the 3rd U.S. Circuit Court of Appeals ruled Thursday that the Child Online Protection Act restricted free speech by barring website operators from posting information inappropriate for minors unless they limited the site to adults. The ruling upheld an injunction blocking the government from enforcing the law.

The court said that in practice, the law made it too difficult for adults to view material protected by the First Amendment, including many non-pornographic sites.

The law, signed by President Clinton and endorsed by President Bush, has never been enforced. It is one of several relating to Internet decency that courts have struck down.

.....

Calls to the Justice Department, which had argued in favor of the law, were not immediately returned. The government may ask the 3rd Circuit to rehear the case or appeal to the U.S. Supreme Court. "


http://wired.com/news/privacy/0,1848,57956,00.html