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List: politech
Subject: FC: Update on S&M photographer's suit against Net-obscenity law
From: Declan McCullagh <declan () well ! com>
Date: 2002-07-31 5:24:39
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Previous Politech message:
"Lawsuit against federal obscenity law asks for prosecution ban"
http://www.politechbot.com/p-03581.html
---
http://abcnews.go.com/sections/us/DailyNews/cda_challenge020729.html
Love or Obscenity?
S/M Photographer Challenges Internet Decency Standards
[...]
Nitke and the NCSF filed suit in December 2001 in U.S. District Court
in New York, challenging the CDA. The government filed a motion to
dismiss the case, but a three-judge panel has been appointed to hear
arguments.
In the meantime, Nitke and the NCSF have filed an injunction asking
that enforcement of the law be suspended until the court reaches a
decision.
"By allowing the most restrictive jurisdiction to define what speech
can be banned as obscene from the Internet, the CDA allows one
community to limit what the entire nation is allowed to discuss, to
read or to view," said John Wirenius, the attorney handling the case.
"The First Amendment does not allow any one locality to impose its
morality on the nation."
A spokesman for the U.S. Attorney's Office in the Southern District of
New York said there would be no comment on the case as it is ongoing
litigation.
The government argues in its motion to dismiss the suit that the CDA
standards for the Internet are simply a logical extension of
well-established precedents on obscenity, and which Congress is well
within its right to pass.
[...]
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