Judges rule against Internet indecency law
They support free speech in cyberspace
June 12, 1996
Web posted at: 2:00 p.m. EDTPHILADELPHIA (CNN) -- A panel of federal judges Wednesday blocked enforcement of a new law barring "indecent" material on the Internet, saying the vast information highway is protected by the First Amendment.
In trying to make legal sense of the Internet, a three-judge panel granted a preliminary injunction against the Communications Decency Act, which punishes the distribution to minors of obscene or indecent material over the Internet.(Full text of "Telecommunications Act of 1996" - 283k text file)
Ultimately, the panel sided with opponents who say the law is an unconstitutional ban on free speech.
"Just as the strength of the Internet is chaos, so the strength of our liberty depends upon the chaos and cacophony of the unfettered speech the First Amendment protects," the judges wrote.
Betty Turock, president of the American Library Association -- one of the groups that brought the legal action -- hailed the ruling as "a victory for librarians, everyone who uses libraries and everyone who believes in free speech."
The decision is the first major step in creating federal law for cyberspace. The judges' logic provides the first glimpse into how the federal judiciary may view cyberspace.
Others also supported the judges' ruling, including Ester Dyson of the Electronic Frontier Foundation who said pornography on the Internet is a choice. (318K AIFF or WAV sound)
The government has promised to appeal, taking the case directly to the Supreme Court for review.
The three-judge panel included Dolores K. Sloviter, chief judge of the 3rd U.S. Circuit Court of Appeals, and U.S. District Court Judges Ronald L. Buckwalter and Stewart Dalzell.
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Victory for Internet media
A key issue at stake in Wednesday's decision was whether on-line news services should enjoy First Amendment rights covering the print media or be regulated like broadcasters?
Opponents argued that the Internet should be classified as print media, to which the courts have granted broad powers.
The government said Internet images flow over telecommunication lines and, therefore, the Internet is a broadcast media.
Courts have favored more restrictions on broadcasters by arguing that technology restricts the number of stations and that images are more easily accessible to children.
The judges sided against the government, granting "at least as much protection" as print media.
"As the most participatory form of mass speech yet developed, the Internet deserves the highest protection from governmental intrusion," the judges wrote.
Communications Decency Act
The Communications Decency Act was enacted February 8 as part of a massive overhaul of telecommunications legislation. It makes displaying "indecent" or "patently offensive" words or images on the Internet -- accessible to minors -- punishable by a $250,000 fine and a two-year prison sentence.
The American Civil Liberties Union sued the Justice Department the same day the measure became law. The lawsuit was combined with a separate action undertaken by major on-line services and software giant Microsoft Corp.
With child pornography already illegal, the law was designed to prevent nude pictures from reaching children.
The Justice Department says the statute is easy to comply with and necessary. Opponents say it violates the First Amendment. The judges said any effort to stifle the unique medium would violate the Constitution.
"The Internet is a far more speech-enhancing medium than print," they said. "Because it would necessarily affect the Internet itself, the CDA would necessarily reduce the speech available for adults on the medium. This is a constitutionally intolerable result."
The Associated Press contributed to this report.
Related Sites:
- U.S. Government's Brief opposing temporary restraining order
- The Electronic Frontier Foundation
- Court overturns CDA - c|net coverage
- We're suing the Feds, and so should you: A Special Report from HotWired
- The Center For Democracy and Technology
- ACLU Freedom Network
- Is This What They Mean by "Indecent"?
- The ACLU's 1/29/95 letter to Congress opposing the telecommunications bill
- Electronic Privacy Information Center
- The Communications Decency Act
- VTW Focus on Internet Censorship legislation
- Thousand points of darkness
- The Congressional Contact Web Site
- THE ELECTRONIC ACTIVIST - An email address directory of members of congress, state governments, and media entities.
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