New Mexico Appeals Court Slap

The Internet world breathed a sigh of relief in late June when a federal court ruled that a law passed this year by New Mexico to outlaw sexual images was unconstitutional. But that hasnít stopped the state from trying one more time. \n The state has filed notice that it will appeal the ruling of U.S. District Judge LeRoy Hansen, which prevented the law from taking effect on July 1. \n The state law would make it a criminal misdemeanor to produce online material related to sex that would be harmful to minors. Judge Hansen said the law violated the First Amendment and placed too great a burden on interstate commerce. In addition, he said it was too vague about Internet material that came from outside the state or that went to another state. \n In its appeal, the state plans to argue that the law is not nearly as broad as the court said it was. For there to be a violation, there has to be an intentional communication with an identified minor, said a spokeswoman for Tom Udall, attorney general for the state. If it is vague, the law should be sent to the New Mexico Supreme Court for clarification, she said. \n The argument is not new, however. In the original case, the state also argued that the law only applies to adults who produce original communications designated for a specific minor. \n Opponents of the law, including the ACLU, said the law threatened interstate commerce and that it would outlaw educational, medical and even artistic material put on the Internet. \n The appeal will be before the 10th U.S. Circuit Court of Appeals in Denver.