FW: Preparation for CDA Decision

Norman J. Jacknis (njacknis@ix.netcom.com)
Mon, 16 Jun 1997 11:39:37 -0400

The following was distributed by the American Library Association's Office for Intellectual Freedom, which has been active in the CDA case.

Regards,
Norm

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A DECISION IN THE MONUMENTAL INTERNET FREE SPEECH CASE IS
EXPECTED SOON

JOIN TENS OF THOUSANDS OF YOUR FELLOW INTERNET USERS TO
ANNOUNCE THE DECISION IN REAL TIME

WILL ONLINE FREE SPEECH SURVIVE?

Please distribute this alert intact until July 15, 1997
Citizens Internet Empowerment Coalition
http://www.ciec.org

__________________________________________________________
SUPREME COURT SET TO RULE ANY DAY NOW IN CDA CASE

The future of the Internet and the fate of the First Amendment in the
information Age hang in the balance.

Within the next 4 weeks, the United States Supreme Court will hand
down an historic decision in the legal challenge to the Communications
Decency Act (CDA) - a law which imposes broad content regulations on
the Internet.

A decision could come AT ANY TIME.

Will the Supreme Court agree with a decision of a Philadelphia Federal
Court which last year ruled the CDA unconstitutional? Or will the Court
side with Senator Exon, the Department of Justice, the Christian Coalition,
and other proponents of censorship who argue that the Federal
Government is the best and most appropriate judge of what you should
see and say online?

As an Internet user, you have a tremendous stake in the outcome.

JOIN TENS OF THOUSANDS OF YOUR FELLOW INTERNET USERS TO
ANNOUNCE THE DECISION IN REAL TIME

It's not too late to become a part of history. There are several ways you
can participate -- Please take a moment to read the instructions below
and join the fight for free speech online.

__________________________________________________________
INSTRUCTIONS ON HOW TO PARTICIPATE

In anticipation of this historic event, the Citizens Internet
Empowerment Coalition have launched the "FREE SPEECH VIGIL"
campaign to help spread the news about the case and provide an
opportunity for Internet users to join the fight. The campaign is an
extension of the highly successful "Question Mark" campaign previously
coordinated by the Center for Democracy and Technology (CDT) and the
Voters Telecommunications Watch (VTW) which drew over 10,000
participants.

The CIEC is also seeking your support in other ways. Please read the
instructions below or visit http://www.ciec.org/ for details on how you
can help.

If You Maintain A World Wide Web Page:

1. Add the following link *TODAY* in a prominent location on your site.
When the decision is announced by the Supreme Court, follow your
page's link and read the text of the Supreme Court's opinion.

<a href="http://www.ciec.org/">
<img src="http://www.ciec.org/images/countdown.gif" alt="Countdown
to Supreme Court Decision in the CDA case"></a>
<br clear=all><br>

Since June of 1996, more than 10,000 world wide web sites have joined
together to provide Internet users with the latest news and information
about the case.

If you have already linked to the CIEC icon or do not maintain a
world wide web page, please visit http://www.ciec.org/action/ to find
out what you can do to help.

2. IMPORTANT -> Let us know you have joined the campaign:

Drop us a note at <feedback@ciec.org> and let us know you have
added the link to your site. We will keep a running tally of the
number of participating sites.

3. Forward this Alert to your Friends and co-workers (only until July 15,
1997)

HELP CIEC STAY ONLINE!

Finally, we need your support to continue to provide the most
comprehensive, up-to-date online resource on the fight for free speech
on the Internet.

Please visit http://www.ciec.org/fund/ to find out what you can do to
contribute to the cause.

__________________________________________________________HOW WILL THIS CAMPAIGN WORK?

After you have added the link (above) to your page, an animated image
will be displayed on your site. The image will be updated to reflect the
latest news on the case (the update will occur at our server -- you will
not have to do anything).

When the decision is announced by the Supreme Court, the icon will
change to reflect the outcome (good or bad). By clicking on the image,
Internet users will jump to a page containing the text of the decision,
analysis, and other important information.

This effort is an extension of the highly-successful "question
mark/fireworks" campaign in June of 1996 announcing the decision in the
Philadelphia case. Both campaigns were organized by the Center for
Democracy and Technology http://www.cdt.org and the Voters
Telecommunications Watch http://www.vtw.org.

__________________________________________________________
BACKGROUND ON THE COMMUNICATIONS DECENCY ACT

The Communications Decency Act (CDA) was enacted in February of
1996 as part of the Telecommunications Reform Act. The law seeks to
protect minors from objectionable or sexually explicit material on the
Internet by imposing broad content regulations and stiff criminal penalties
on the "display" of "indecent" or "patently offensive" material on the
Internet.

While supporters of the CDA argue that the law is designed to protect
children from "pornography" on the Internet, two separate Federal Courts
have agreed that the law goes far beyond that and would ban otherwise
constitutionally protected materials.

The United States Supreme Court heard oral arguments in the case on
March 19, 1997. CIEC lead attorney Bruce Ennis argued the case on
behalf of both the CIEC and ACLU plaintiffs.

The CDA is not about obscenity, child pornography, or using the Internet
to stalk or prey on children. These activities are already illegal under
current law and are not at issue in this case.

CIEC and other opponents of the new law argue that while well
intentioned, the CDA fails to account for the unique nature of the Internet,
and that it will have a far-reaching chilling effect on constitutionally
protected speech online. On a global, decentralized communications
medium like the Internet, the only effective and constitutional means of
controlling access to objectionable material is to rely on users and
parents, not the government, to decide what material is or is not
appropriate.

On the Internet, every single user is a publisher with the capacity to
reach millions of people. As a result, all of us have a stake in the
outcome of this case.

Two lawsuits were filed to challenge the constitutionality of the CDA in a
Philadelphia federal court in February 1996.

The cases have been brought, respectively, by The Citizens Internet
Empowerment Coalition (CIEC), comprised of the American Library
Association. civil Liberties groups, Internet Service Providers,
Commercial Online Service Providers, Newspaper, Magazine and Book
Publishers, and over 57,000 individual Internet users. The ACLU, along
with a coalition of civil liberties groups, advocacy groups, online content
providers, and others filed the initial case on the day the CDA was
signed into law.

Detailed information on the legal challenges, as well as information about
the CDA, is available at the following web sites:

Legal Challenges To The CDA
----------------------------

* The Citizens Internet
Empowerment Coalition (CIEC) - http://www.ciec.org/
* The ACLU - http://www.aclu.org/

The outcome of this legal battle will have far reaching implications. At
stake is nothing less than the future of the First Amendment in the
information age.

________________________________________________________________________
FOR MORE INFORMATION

For more information on the Free Speech Vigil, including press inquiries,
please contact:

Jonah Seiger, <jseiger@cdt.org> +1.202.637.9800
Communications Director, Center for Democracy and
Technology/Citizens
Internet Empowerment Coalition

Or Visit http://www.ciec.org/

__________________________________________________________end alert