IP: Trial date set for Decency Act lawsuit

[Dave Farber <farber () central cis upenn edu>]

Trial date set for Decency Act lawsuit


                By Rose Aguilar
                February 21, 1996, 1:30 p.m. PT


                A District Court Panel has set an tentative date for the
opening of a trial that may determine the definition of the Communications
Decency Act. 


                "We have made a tentative agreement with the government to
go to court on March 21 if they don't prosecute anyone until then," said Ann
Beeson, legal
                counsel with the ACLU. "They have indicated that they will
abide by this agreement." 


                The ACLU expects the judge to formalize the deal in writing
today or tomorrow; until then the law remains officially in effect. Last
week Judge Ronald
                Buckwalter blocked the "indecent" provision of the Act, but
ruled that the "patently offensive" provision stay in effect. The new
agreement between the
                ACLU and the judges means that no one will be prosecuted
under any aspect of the law until at least March 21, when the trial may open. 


                "We were successful in obtaining a temporary restraining
order on 'indecent' material, and that is still somewhat protective, but the
fact is that we don't
                have an agreement on 'patently offensive' material in
writing, so people still need to be careful," Beeson said. 


                Judge Buckwalter ruled last week that "patently offensive"
material could include "sexual or excretory activities or organs." 


                The trial set for March 21 may be only the first act for a
much longer work of legal theater. "Either way it will go the Supreme
Court," said Beeson. "If we
                lose, we will file the appeal with the Supreme Court, and
they would decide whether or not to take on the case. It would probably get
set next term, but it
                could get there as soon as the fall."