The judge had issued a temporary restraining order in the fall that expired Monday. The American Civil Liberties Union filed suit against the law on behalf of 17 clients. Justice Department lawyers must decide whether to appeal the preliminary injunction, ask for a full-blown trial or agree to allow Reed's decision to become permanent. Department spokeswoman Chris Watney would only say that the department will review the decision. One of the bill's sponsors, Rep. James Greenwood, R-Pa., said he hopes the law will eventually be enforced.
Supporters say the measure is a sensible way to keep Internet pornography away from children.
Unlike the Communications Decency Act of 1996, which the Supreme Court struck down, the new law applies only to commercial Web sites. Reed had temporarily blocked enforcement of the law in November. The government also maintained that requiring Web sites to install checkpoint areas in front of pornographic material would be easy and inexpensive and would not hurt their businesses. The ACLU argued that the law, signed by President Clinton in October, violates the First Amendment's free speech guarantee and could be used to unfairly prosecute gays and lesbians, AIDS activists or doctors distributing gynecological information. The ACLU also says checkpoints could be costly and would deter people from visiting affected Web sites, putting some out of business.