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. [...] ------------------------------------------------------------------------- POLITECH -- Declan McCullagh's politics and technology mailing list You may redistribute this message freely if you include this notice. To subscribe to Politech: http://www.politechbot.com/info/subscribe.html This message is archived at http://www.politechbot.com/ Declan McCullagh's photographs are at http://www.mccullagh.org/ ------------------------------------------------------------------------- Like Politech? Make a donation here: http://www.politechbot.com/donate/ -------------------------------------------------------------------------
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