Politech archive on the original filing of this lawsuit last year:
http://www.politechbot.com/p-02929.html
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Date: Fri, 24 May 2002 10:20:14 -0400
To: declan_at_well.com
From: Michael Kaminer PR <news_at_mkpr.com>
Subject: Group Seeks Injuction on Web Obscenity Law
For Immediate Release
For Information Contact:
Patrick Kowalczyk, patrick_at_mkpr.com
Michael Kaminer Public Relations, 212.627.8098
CIVIL LIBERTIES GROUP, NYC ARTIST SEEK INJUNCTION
ON U.S. WEB OBSCENITY PROSECUTIONS
Alliance of Free Speech Experts and Civil Liberties Groups Express Support
For Landmark Lawsuit Seeking to Overturn Federal Web Obscenity Law
NEW YORK CITY (May 24, 2002) - The National Coalition for Sexual Freedom
(NCSF) and artist Barbara Nitke today filed a motion seeking a preliminary
injunction that would prevent the United States from using the obscenity
provision of the Communications Decency Act (CDA) to prosecute individuals
who operate Web sites.
This motion comes less than two weeks after the May 13th decision by the
U.S. Supreme Court in Ascroft v. ACLU, in which a majority of the Justices
stated that the application of local community standards to online
materials could deprive citizens of their rights to free speech by allowing
the most puritanical communities to enforce their own standards on the
entire nation.
In December 2001, NCSF and Nitke filed a lawsuit in Federal District Court
in New York City that would overturn the remaining obscenity provisions of
the CDA. The indencency provisions were struck down by the Supreme Court in
1997.
"In light of the Supreme Court's recently expressed concerns about applying
community standards to the Internet, it is more important than ever that we
make sure this law is not enforced until its constitutionality can be
determined," said Susan Wright, NCSF spokesperson. "We remain extremely
concerned that Attorney General Ashcroft will seek prosecutions under this
law."
"The purpose of this motion is to ensure that the Internet is not
transformed from a free-ranging, open round-table into a forum in which
only speech that is inoffensive under the most prudish standard is safe
from fear of prosecution," said constitutional scholar and author John
Wirenius, legal counsel for NCSF and a partner in Leeds Morelli & Brown, P.C.
The motion is supported by a wide range of expert testimony. Affidavits
were submitted by: Arthur Danto, Johnsonian Professor Emeritus at Columbia
University and an expert on Robert Mapplethorpe; pioneering Internet
philosopher Howard Rheingold; and free speech activist and adult filmmaker
Candida Royalle. Robert and Carleen Thomas, who were convicted in 1994
under the community standards of Memphis, TN for Internet postings that
were deemed inoffensive in their local Northern California community, filed
testimony in support of the lawsuit.
A cross-section of experts and civil liberties groups also filed documents
expressing their support of overturning the CDA. Joining NCSF and Nitke as
"friends of the Court" are the Electronic Frontier Foundation, the First
Amendment Lawyers Association, Society for the Scientific Study of
Sexuality, the Triangle Foundation, and the National Center for Lesbian Rights.
The motion for a preliminary injunction was filed to a three-judge panel
consisting of Circuit Judge Robert D. Sack, District Judge Richard M.
Berman, and District Judge Gerard E. Lynch. The U.S. Attorney conversely
filed a motion to dismiss the lawsuit on the grounds that the statute is
plainly constitutional.
Based in Washington, D.C., NCSF (http://www.ncsfreedom.org) is a national
organization committed to protecting freedom of sexual expression among
consenting adults. Hailed by The Village Voice for her quest "to find
humanity in marginal sex," Nitke has gained worldwide attention for her
photographs chronicling relationships between consenting adults engaged in
sadomasochistic activities. She operates a Web site displaying her artwork
at http://www.barbaranitke.com.
For more information visit: http://ncsfreedom.org/library/press_room.html
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Received on May 25 2002
Intro
