New Mexico's law outlawing using the Internet to send sexually-explicit material to juveniles is too broad, ruled a federal appeals court stopping New Mexico prosecutors from enforcing it. That upholds a lower court ruling that the law stepped on legitimate free speech rights.
The 10th U.S. Circuit Court of Appeals upheld a lower court which stopped prosecutors from enforcing the 1998 law on grounds it was unconstitutional. The Recording Industry Association of America, the Publishers Marketing Association, and other groups challenged the law.
It barred depictions of "actual or simulated nudity, sexual intercourse, or any other sexual conduct" by computer to anyone under 18. The lower court ruled the law was excessively broad and veered too close to banning protected speech for adults.
