Below are a series of links to:
The full text of the Supreme Court's decision holding the CDA is
unconstitutional.
Information about the CDA Trial held during the spring, 1996 in Philadelpha.
For background information on the Communications Decency Act, and the litigation, try
these links:
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Judge Buckwalter's Order enjoining the enforcement
of Section 223(a)(1)(B)(ii) of the CDA is here. The order could have favored
the ACLU's position more, but we am gratified to see Judge Buckwalter poke
several holes in the goverrnment's brief.
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Read the entire text of the Communications Decency Act
of 1996. Pretty arcane stuff, huh? Here's an easier way to understand
what's at stake. Read an edited excerpt from
the American Civil Liberties Union's brief filed in support of its position
in ACLU vs. Reno.
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Next, see what the ACLU actually claims in its lawsuit. Read the complaint
filed in ACLU v. Reno. One of the more interesting aspects of the complaint
is the list of all the parties to this case. The ACLU is only one of many
organizations and individuals who are part of the case, and the complaint
quickly and pointedly brings home what each of them (and you and I) has
at stake in the case. Ira Glasser's Affidavit
filed in support of the ACLU's case is here. Mark
Rotenberg's Affidavit in support of the Electronic Privacy Information
Center's case is also now available.
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Or, perhaps you'd prefer to see the entire brief
filed by the ACLU in the case?
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The Department of Justice's response to the ACLU's brief is here.
Don't miss the parts that Judge Buckwalter tactfully skewered in his order
entering the injunction.
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In the More, the Merrier Department, the Citizens Internet Empowerment
Coalition has filed another suit against the
Justice Department, and the two cases have been consolidated. The CIEC's
argument takes a subtley different tack from the ACLU's. Their lawsuit
highlights the important need to closely examine the nature of electronic
communications when applying free speech concepts to the Internet.
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And finally, the ACLU's
Post-Trial Brief places the entire litigation in context. A brief has
also been filed by amicus
curiae (known to those of us who don't speak latin as "friends of the
court").
There are a seemingly ever growing number of resources available on the
Internet regarding the CDA. Some of the information available here was
obtained from these sites. For more information, you can visit:
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The ACLU Freedom Page.
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Electronic Privacy Information Center Home Page
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Electronic Frontier Foundation. There
is a great Archive
of information on the trial here, including outstanding reports from each
day of hearings, written by one of the plaintiffs, Declan McCullagh. Read
his stuff to find out how the government has created (after the passage
of the Act, of course) the "-L18" coding standard as a means for content
providers to comply with the Act, and why it is more nonsense from the
DOJ. This entire case reminds me more and more of H.L. Mencken's famous
quotation: "Democracy is the theory that the common people know what they
want, and deserve to get it good and hard."
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The Center for Democracy and Technology.
Get Trial Transcripts
here.
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Citizens Internet Empowerment Coalition
Court Challenge to the CDA
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SafeSurf Home Page. This page is
a fine example of an approach to limiting Internet access for children
without imposing government restrictions on material available to adults.
Visit it, and support it!
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A graduate student has published her paper
on the CDA, and it is a fine resource for those who really want to dig
into legal issues raised by the Act. The pages are graphically intensive
and take time to load, but they are well worth the wait.
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New Age Comstockery:
Exon vs the Internet, is an EXCELLENT essay on the history of attempts
to censor "indecency" in the United States.
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In The Constitution in Cyberspace, Harvard Law
Professor Laurence Tribe delivers a creditable and compelling analysis
of Constitutional values in cyberspace.
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Senator Patrick
Leahy's page on Protecting the Internet
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Yahoo's Black Thursday
Page has some fine links to the most recent Reuters News Service articles
about the Act.
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And Yahoo also has a page of almost fifty links to other Anti-CDA
pages.
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We have found several pro-CDA pages, two of which are listed here (and
these pages contain links to the others . . . sorry for those of you who
support the CDA but these pickings are rather slim). Read them, because
it is always important to know the argument of the opposition. First, there
is the Why Decency?
page. Also, check out the Speak
Responsibly page. Although the authors of both pages speak in quasi-legal
terminology by attempting to analogize from libel cases and the proverbial
concept of shouting fire in a crowded theatre, neither has much of a clue
about First Amendment law.
We have also compiled a list of cases, available on the Internet at other
locations, and now available here, that are worth the reading. We hope
to add to the list in the future.
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Pacifica v. FCC. This is the "Seven Dirty Words"
case we will surely hear more about in the coming days, when the government
responds to the ACLU's lawsuit.
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Cohen v. California. This is the "Fuck the Draft"
case mentioned above.
Return to
the Fuck the CDA Page