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Regulating Speech on the Internet


Telecommunications Act of 1996 (Hypertext version of Bill)


Legal Challenges to the CDA

ClariNet Suit

The ACLU/EFF/EPIC Challenge

Citizens Internet Empowerment Coalition


CASE LAW

ACLU v. Reno1996 U.S. Dist. LEXIS 1617; 24 Media L. Rep. 1379 (E.Pa. 1996)
The Court issued a Temporary Restraining Order that stops the government from enforcing "the provisions of 47 U.S.C.Section 2223(a)(1)(B)(ii), insofar as they extend to "indecent",but not "obscene" content.
Briefs in TRO proceedings:

ACLU v. Reno, 929 F. Supp. 824, 1996 U.S. Dist. LEXIS 7919 (E.Pa., 1996) [No. 96-963]
A three-judge panel held that portions of the CDA violate the federal constitution.

The appeal to the U.S. Supreme Court (Oral Argument Scheduled in March 1997):

U.S. Solicitor General's brief urging the Supreme Court to hear the appeal (September 1996)

Justice Department Brief (January 1997)


The American Reporter Challenge
In another challenge an online publication purposefully published an article it believed to be in violation of the CDA. In the first decision a district court in New York held that the "plaintiff has demonstrated a likelihood of success on his claim that Sec. 223(d) is unconstitutionally overbroad in that it bans protected indecent communication between adults."

Shea v. Reno,96 Civ. 0976 (DLC), 1996 U.S. Dist. LEXIS 10720 (S. NY., 1996).


Other Internet Speech Case Law

United States v. Thomas, 74 F.3d 701, 704-05 (6th Cir. 1995).
Court of Appeals upheld criminal conviction for distribution of obscene material on the Internet.

Cyber Promotions v. AOL (E. Pa. 1996)

An online direct marketing company challenges a commercial online provider (AOL) authority to filter e-mail sent to its subscribers.


Regulating the 'Net on Campus

ACLU Challenge of Princeton's policy on the use of its computer network.

Challenge to University of Oklahoma's Internet access policy


Challenges to State Laws

Georgia HB 1630


Administrative Rulemaking

FCC Schedule for Rulemaking Implementing The Communications Decency Act


Intellectual Property

WORLD INTELLECTUAL PROPERTY ORGANIZATION (WICO)


 

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