FC: Update on S&M photographer's suit against Net-obscenity law

[Declan McCullagh <declan () well com>]

Previous Politech message:

"Lawsuit against federal obscenity law asks for prosecution ban"
http://www.politechbot.com/p-03581.html

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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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