Virginia Appeals Porn Decision

The state of Virginia argued this week that a federal judge was wrong to rule against a state law that forbids state employees from downloading porn off the Internet. The judge said the law was too restrictive of employees' rights to free speech.\n Virginia's law took effect in July 1996. Supporters of the law said it was intended to stop public employees from wasting time and money on inappropriate uses of the Internet.\n It was challenged by six college professors who said they needed full access to the Internet for legitimate research purposes and that this law violated their rights to free speech. The professors pointed out that the law defined nudity as sexually explicit material and thus could affect the teaching of courses in psychology, English literature and art history. The law made it illegal for them to research on the Internet information about nude portraits or literature that has erotic language.\n U.S. District Judge Leonie M. Brinkema sided with the professors in February, saying the law was unconstitutional. She said it gave the state too much discretion to infringe on the right of free speech.\n In an appeal filed with the 4th U.S. Circuit Court of Appeals, the state said this wasn't a First Amendment issue. Government has the right to control its own speech, said state attorney general Mark L. Earley. He said professionalism and workplace efficiency were more important considerations than anyone's interest in pornography.