Justice Dept. Responds to CDA Lawsuit (fwd)


Henry Huang

News on the gov'ts arguments in the ACLU case.  Hopefully, we'll have
word on a decision soon about the restraining order.



[Excerpted from the Nando Times, 2/15/96]

      Copyright &copy 1996 Nando.net
      Copyright &copy 1996 The Associated Press 
   PHILADELPHIA (Feb 15, 1996 00:11 a.m. EST) -- The Justice Department
   filed its written response Wednesday to a lawsuit seeking to block the
   new computer "indecency" law, saying criminal prosecutions are needed
   to stop a huge increase in the availability of pornography.
   The government urged a federal judge not to issue a temporary
   restraining order against provisions that would make it a crime to
   send "indecent" and sexually explicit material to minors over computer
   "Individuals undoubtedly have an important interest in being free of
   purposeful and direct intrusions on First Amendment freedoms," the
   brief said. "But the governmental interests at stake here in
   controlling access by minors in indecent sexually explicit materials
   is compelling."

   The government said the indecency standard has been upheld as
   constitutional in previous cases, and argued that the law's purpose is
   to restrict access to widely available pornographic images and

   A temporary restraining order should only be granted in extraordinary
   circumstances and if there are no other legal remedies available to
   plaintiffs. Meanwhile, the situation is dire, the government said.
   "In the end, plaintiffs cannot dispute that a large and growing amount
   of pornography is presently available online and easily accessible to
   children in the home, far exceeding anything available prior to the
   advent of online computer services," the government said.

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