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Justice reviewing Internet screening ruling, may appeal

WASHINGTON (CNN) -- Justice Department lawyers on Friday pored over the latest court ruling in the government's largely unsuccessful effort to protect children from Internet pornography.

While the department is widely expected to appeal Friday's ruling striking down the Children's Internet Protection Act (CIPA), it issued a non-committal statement.

"The Justice Department is disappointed by the court's declaration that the Children's Internet Protection Act violates the First Amendment, and the department is currently reviewing the ruling in connection with an appeal of that ruling," said Justice Department spokeswoman Barbara Comstock.

Attorney General John Ashcroft said he could not comment on the ruling itself, but emphasized the justice system must find a way to protect children on the Internet.

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"Very frankly, I think the courts need to find a way to respect the Constitution and defend our children. And we've got to be very careful that we don't energize individuals whose object it is to abuse the children of America, and to have that happen on the Internet," Ashcroft said in an interview on CNN's "Larry King Live."

He added, "We've got a major problem in our culture, especially as it relates to the Internet and pornography and child pornography."

The law, signed by President Clinton in 2000, would have allowed the government starting July 1, to cut off subsidies to libraries that refused to install programs that filter out pornography on computers used by children.

Because Friday's ruling in Philadelphia was made by an unusual three-judge panel made up of one Circuit Court judge and two District Court judges, an appeal would be made directly to the U.S. Supreme Court. The Justice Department has only 20 days to file its appeal.

The judges declared CIPA "invalid under the First Amendment," handing a legal victory to the American Library Association and its ACLU backers.

The Supreme Court previously struck down the Communications Decency Act, which criminalized placing pornography online where children had access to it.

The high court earlier this year signaled only a tentative partial approval to a second try by Congress, the 1998 Child Online Protection Act. That law remains on hold while it is further reviewed by a lower court.

The law would require Web site operators to install screening systems that would ensure only adults could gain access to material considered harmful to minors. The court said community standards could be used to determine whether the Internet material was harmful to minors.

The Supreme Court this year also struck down portions of a "virtual porn" law, that would have prohibited the display of computer-altered images of non-identifiable minors -- or very young looking adults who appeared to be minors -- engaged in sexually explicit acts.

Democrats and Republicans have introduced competing measures designed to try again to satisfy the First Amendment and protect children.