Page "Child Protection and Obscenity Enforcement Act" Paragraph 2

On October 23, 2007, the 6th Circuit U. S. Court of Appeals ruled that the record keeping requirements were facially invalid because they imposed an overbroad burden on legitimate, constitutionally protected speech.

However the US DoJ, under control by US Attorney General Michael B. Mukasey, has asked for, and was granted, an en banc review of the initial decision of the 6th Circuit Court in order to see if the initial decision should be overturned.

The Sixth Circuit subsequently reheard the case en banc and issued an opinion on February 20, 2009, upholding the constitutionality of the record-keeping requirements, albeit with some dissents.