IP: OUT IN THE OPEN

[Dave Farber <farber () central cis upenn edu>]

EDITORIAL
+
by Joe Shea
American Reporter Correspondent
2/17-18/96
ruling
free


                         OUT IN THE OPEN
                           by Joe Shea
                American Reporter Editor-in-Chief


        Our early reading of the Buckwalter decision handed down the
anti-censorship case known as ACLU v. Reno was wrong.  
        It turns out that the definition of "indecent" which applies to
our publication of Judge Steve Russell's article, "The X-On Congress: 
Indecent Comment On An Indecent Topic," is not considered vague by Judge
Buckwalter, and therefore is not covered by his temporary restraining
order. 
        From our point of view, at least, the ACLU has on balance been the
loser in its first two rounds in court.  Because we did not seek a TRO,
but a temporary injunction to be followed by a permanent one as our case
makes its way toward the Supreme Court, we are slightly ahead of the ACLU
in the legal process and are so far untouched either by enforcement or an
adverse ruling.  Our case will be heard by a a panel of three Federal
judges in New York's Second Circuit in about 40 days.
        Meanwhile, of course we are subject not only to prosecution, 
which would invoilve the seizure of our computer, we suppose, but the 
ordinary pressures of day-to-day life.  For instance, with only $0.12 in
the bank today, we had to borrow from our can of coins to buy the slice
of pizza that served as breakfast, lunch and supper.  
        We still have about $8 left, and we know at least one check is on
the way to pay a part of the telephone bill, which will otherwise be
turned off Tuesday.  This is the ordinary desperation of onliner
journalism, and if we weren't tough, we wouldn't be publishing our 262nd
edition today.  
        Every publication we ever worked for, from the Village Voice to
the L.A. Weekly to the Goldbook and the New York Post, parted with only
enough money to a skinny man alive.  The difference is that the hundred
journalists who write this newspaper own it, so if we are hungry, at least
it is because we are building something of our own.
        Nonetheless, it disconcerting to be on the Wired Top 10 list of 
Online Newspapers in the same week as we are putting off drinking that
last can of Pepsi, praying for money to keep the phone turned on, and
making the tough choice between a copy of the L.A. Times (54 cents) and
a cup of coffee at McDonald's (53 cents).  You'll be pleased to know the
newspaper won.
        We think we'll win again when we get into court, and that sooner
or later more subscriptions will roll in and we'll have a little gravy for
our feast of mashed potatoes.  But even if it doesn't, and we remain
vulnerable on every side, we'll keep publishing.  The American Reporter
has become more than the sum of its parts, and as an idea about
journalists' control of their own product, it will never die. 
        
[ Well deserved free ad for subscriptions. Try reading the whole thing. djf








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          Copyright 1996 Joe Shea, The American Reporter
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