A South Carolina law banning Internet distribution of sexually explicit materials to minors has been overturned by U.S. District Judge Patrick Duffy, the Associated Press reported.
His ruling applies to a state law that makes it illegal to distribute materials that are harmful to minors – a law that was amended four years ago to encompass materials passed electronically through the Internet.
Duffy ruled that the law violated the First Amendment and Congress' authority over interstate commerce. He said Internet filters are the answer to keeping such materials from minors.
Attorney General Henry McMaster does not share Duffy's view.
"We don't think the law as written violates the Constitution or anybody's constitutional rights," he said. "We think it's important in today's society that law enforcement take a strong view on obscenity aimed at children.
"The threat of criminal prosecution is a stronger deterrent than filters and warnings. People can get around filters and warnings," McMaster added. "They don't work and that's why we believe the law is a good law."
McMaster is reviewing the case to decide whether the state will appeal.
