The Communications Decency Act

A fine day for the American Justice system. A three judge panel unanimously rules the CDA UNCONSTITUIONAL!!!! However, the FIGHT ISN'T OVER.

The Justice Department has decided to appeal the case to the Supreme Court. On the bright side, judging by President Clinton's press release it sounds as if the Administration will offer the same lukewarm defense of the CDA that it did in Philadelphia.
The Communications Decency Act was signed into law on February 8 as part of a comprehensive overhaul of telecommunications law. If enforced, anyone making available indecent or patently offensive materials to minors under 18 could face up to two years in prison and $250,000 in fines.

Immediately after the bill was signed, the ACLU and 19 other organizations filed a lawsuit in the U.S. District Court in Philadelphia. Judge Ronald L. Buckwalter issued a temporary restraining order against enforcement of the indeceny provisions, but he declined to issue a restraining order against the patently offensive provisions. However, the government has promised not to prosecute anyone until the District Court rules on the lawsuit.

The following are memos and updates I have written on the CDA. I have also included links to the text of the CDA and other relevant sites.


Memos on the CDA:

Memo on the CDA
February 14, 1996.
Update on CDA Lawsuits
March 11, 1996.


Links to other CDA sites:

The text of the CDA
From Thomas at the Library of Congress (search by bill # S. 652).
Text of the Philadelphia Court's ruling striking down the CDA.
Very large file (over 250K).
Text of Judge Buckwalter's restraining order
(In the ACLU Case).
Text of the ACLU lawsuit brief.
February 8, 1996.
Text of Justice Department Letter
Stating that it will not enforce the restrictions on abortion information.

Cyber-Liberties
The ACLU's bi-weekly e-zine on cyber-liberties cases and controveries.
NandoNet's Special coverage on the CDA
Good selections of newspaper articles.
Center for Democracy and Technology's special section on the CDA.
An excellent source for up to date information.
HotWired Magazine's CDA Special Issue.
Editorials, rant, raves all in a nicely done page.
News on the CDA
From the ACLU.
Action Alerts
From the Electronic Frontier Foundation.
Send examples of 'Net censorship
To the ACLU.
Act Now!
Urge Janet Reno not to prosecute under the CDA.

Send comments/suggestions to: Mark Koyanagi