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Citizens Internet Empowerment Coalition Update No. 17
February 20, 1997
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http://www.cdt.org/ciec/
ciec-info@cdt.org
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CIEC UPDATES are intended for members of the Citizens Internet
Empowerment Coalition. CIEC Updates are written and edited by the
Center for Democracy and Technology (http://www.cdt.org). This
document may be reposted as long as it remains in its entirety.
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** 56,000 Netizens Vs. U.S. Department of Justice. **
* The Fight To Save Free Speech Online *
Contents:
o CIEC Plaintiffs File Supreme Court Briefs in CDA Appeal
o How to Remove Yourself From This List
o More Information on CIEC and the Center for Democracy and Technology
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CITIZENS INTERNET EMPOWERMENT COALITION FILES BRIEF WITH SUPREME COURT
IN CDA APPEAL
The Citizens Internet Empowerment Coalition (CIEC) today filed its brief
before the United States Supreme Court in the legal challenge to the
Communications Decency Act (CDA), a law imposing broad content regulations
on the Internet.
The full text of the brief, along with detailed background on the case, can
be found at http://www.cdt.org/ciec/.
The CIEC plaintiffs urged the Supreme Court to agree with a lower court
ruling that the CDA violates the First Amendment by imposing restrictive,
TV-broadcast style content regulations on an inherently democratic medium.
Among other things, the CIEC argues:
* The Internet is a unique communications medium that deserves free
speech protection at least as broad as that enjoyed by print medium.
* Individual users and parents -- not the government -- should decide
what material is appropriate for their children, and;
* Simple, inexpensive user empowerment technology is the only effective
and constitutional way of limiting the access of minors to objectionable
material on the Internet.
The Communications Decency Act was ruled unconstitutional by a special
panel of three federal judges in Philadelphia in June of 1996.
Plaintiffs in the CIEC include the American Library Association, civil
liberties groups, America Online, CompuServe, Prodigy, Microsoft, Apple,
the Recording Industry Association of America, the American Society of
Newspaper Editors, the Newspaper Association of America, WIRED Magazine,
and over 56,000 individual Internet users. The lead plaintiff in the case
is the American Library Association (a full list is attached below).
The CIEC law suit, also known as ALA v. DOJ, was consolidated with a
similar case brought by the American Civil Liberties Union and 20 other
plaintiffs, known as ACLU v. Reno. The cases will be argued together before
the Supreme Court on Wednesday March 19 at 10:00 am ET. The Supreme
Court's decision is expected in late June or early July.
The Government filed its brief with the Supreme Court on January 20, 1997.
The full text of that document, along with amicus briefs filed by
conservative "pro-family" groups and Members of Congress who supported the
CDA can be found online at http://www.cdt.org/ciec/
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WHAT YOU CAN DO
It's not to late to become a part of this landmark case! Internet users who
support the free flow of information online and believe that individual
users and parents, NOT THE FEDERAL GOVERNMENT, are the best and most
appropriate judges of what material is appropriate for themselves and their
children can JOIN THE CITIZENS INTERNET EMPOWERMENT COALITION.
It's easy and it's free. Help us fight for the future of the Internet as a
viable means of free expression, education, and commerce. Visit:
http://www.cdt.org/ciec/join_ciec.html
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BACKGROUND ON THE COMMUNICATIONS DECENCY ACT
The Communications Decency Act, enacted in February 1996, made it a crime
punishable by up to $250,000 and 2 years in prison to "display" or "make
available" any "indecent" or "patently offensive" material on a public
forum online.
Because the Internet is a global medium with no centralized point of
control, and because every user of the Internet is a publisher with the
capacity to reach millions of people, broad government content regulations
pose a serious threat to the free flow of information online and the First
Amendment rights of all Americans.
Judge Steward Dalzell, in his opinion declaring the Communications Decency
Act unconstitutional in June, noted that the Internet is a unique
communications medium that allows users tremendous control over the
Information they receive. Dalzell stated:
"If the goal of our First Amendment jurisprudence is the 'individual
dignity and choice' that arises from 'putting the decision as to what
views shall be voiced largely into the hands of each of us', then we
should be especially vigilant in preventing content-based regulation
of a medium that every minute allows individual citizens actually to
make those decisions. Any content-based regulation of the Internet,
no matter how benign the purpose, would burn the global village to
roast the pig."
While supporters argue that the law is designed to protect children from
so-called "pornography" on the Internet, 2 separate Federal Courts have
agreed that they law goes far beyond that and would ban otherwise
constitutionally protected materials. Under the CDA, classic fiction such
as the "Catcher in the Rye" or "Ulysses", AIDS and Sex education materials,
rap lyrics, the "7-dirty words" and other material which, while offensive
to some, enjoy full First Amendment protection in print, would be illegal
if posted on a public forum on the Internet.
The outcome of this legal challenge will have far reaching implications. At
stake is nothing less than the future of the First Amendment in the
information age.
Please continue to visit the CIEC web page for the latest news and
information on the case (http://www.cdt.org/ciec)
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CITIZENS INTERNET EMPOWERMENT COALITION MEMBERSHIP
The 27 plaintiffs in the case include: American Library Association, Inc.;
America Online, Inc.; American Booksellers Association, Inc.; American
Booksellers Foundation for Free Expression; American Society of Newspaper
Editors; Apple Computer, Inc.; Association of American Publishers, Inc.;
Association of Publishers, Editors and Writers; Citizens Internet
Empowerment Coalition; Commercial Internet eXchange; CompuServe
Incorporated.; Families Against Internet Censorship; Freedom to Read
Foundation, Inc.; Health Sciences Libraries Consortium; HotWired Ventures
LLC; Interactive Digital Software Association; Interactive Services
Association; Magazine Publishers of America, Inc.; Microsoft Corporation;
Microsoft Network; National Press Photographers Association; NETCOM On-Line
Communication Services, Inc.; Newspaper Association of America; Opnet,
Inc.; Prodigy Services Company; Wired Ventures, Ltd.; and, the Society of
Professional Journalists Ltd., and over 56,000 Individual Internet Users
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HOW TO REMOVE YOURSELF FROM THIS LIST
As CIEC members, you have been invited to join this list in order to
receive news updates and other information relevant to the CIEC challenge
to the Communications Decency Act.
If you ever want to remove yourself from this list, send email to
ciec-members-request@cdt.org
with 'unsubscribe ciec-members' in the SUBJECT LINE (w/o the 'quotes').
Leave the body of your message blank.
Back issues of the CIEC
Trial Bulletin -- http://www.cdt.org/ciec/bulletins/index.html
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FOR MORE INFORMATION
For more information on the CIEC challenge, including detailed background
information on the case and other relevant materials:
* World Wide Web -- http://www.cdt.org/ciec/
* General Information about CIEC -- ciec-info@cdt.org
* Copy of the Original Complaint -- ciec-docs@cdt.org
* Specific Questions Regarding the
Coalition, including Press Inquiries -- ciec@cdt.org
* General information about the
Center for Democracy and Technology -- info@cdt.org
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end ciec-update.17
02/20/97
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