News on the gov'ts arguments in the ACLU case. Hopefully, we'll have
word on a decision soon about the restraining order.
-H
--
[Excerpted from the Nando Times, 2/15/96]
JUSTICE DEPARTMENT RESPONDS TO TELECOM LAWSUIT
__________________________________________________________________________
Copyright © 1996 Nando.net
Copyright © 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
networks.
"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
materials.
<...>
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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