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CIEC
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1996-03-23
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┌─────────────────────────────────────────────────────────────────────────────┐
│CITIZENS │
│INTERNET │
│EMPOWERMENT │
│COALITION │
│1634 EYE STREET NW, SUITE 1100 │
│WASHINGTON, DC. 20006 │
│(202) 637-9800 │
│FAX (202) 637-0968 │
│ │
│Management Committee: │
│Jerry Berman,CDT │
│William Burrington,AOL │
│Judith Krug,ALA │
│ │
│Citizens Internet Empowerment Coalition Litigation Fact Sheet │
│March 1996 │
│ │
│In response to the indecency restrictions imposed on the Internet │
│by the Communications Decency Act (CDA), the Citizens Internet Empowerment │
│Coalition has been formed to challenge the law as violative of the First │
│Amendment. │
│ │
│The Citizens Internet Empowerment Coalition (CIEC) is a large and │
│diverse group of organizations who share the common goal of protecting the │
│First Amendment and the viability of the Internet in the 21st century. Its │
│35 organizational members include libraries, book publishers, newspaper │
│publishers, editors, advertisers, commercial online service providers, │
│Internet access providers, non-profit groups, and civil liberties │
│advocates. Over 10,000 individual Internet users have also joined the CIEC │
│effort. The CIEC is coordinated by the Center for Democracy and Technology, │
│America Online, and the American Library Association. │
│ │
│The primary goal of the coalition lawsuit is to establish in │
│constitutional jurisprudence that the Internet is a unique communications │
│medium, deserving unique First Amendment protection -- that it is unlike │
│the broadcast medium and, should receive at least the same broad protection │
│afforded to the print media. Coalition members believe that children can │
│be protected from inappropriate material online with the help of blocking │
│and filtering technology now available. Parents, not the United States │
│Government, are the best and most appropriate judges of what material is │
│appropriate for themselves and their children. │
│ │
│The Coalition law suit, ALA v. United States Department of Justice │
│et al. was filed on February 26, with a Preliminary Injunction Motion │
│filed later on March 1. The suit, handled by Bruce Ennis of the law firm │
│of Jenner and Block in Washington D.C. , has been consolidated with one │
│filed earlier by the ACLU challenging the CDA. A three-judge court convened │
│by the Federal Third Circuit Court of Appeal in Philadelphia will hear │
│evidence in the consolidated case through the middle of April, with a │
│decision expected soon after. The case will then go directly to the United │
│States Supreme Court. │
│ │
│Educating The Court On The Nature Of The Internet And Alternatives To │
│Censorship │
│ │
│CIEC's complaint and memorandum in support of motion for │
│preliminary injunction detail the history of the Internet and outlines how │
│the network operates. The CIEC intends to educate the court on how the │
│Internet functions and why the broad content regulations imposed by the CDA │
│threaten the very existence of the Internet as a viable medium for free │
│expression, education, and commerce. Among other things, the CIEC │
│challenge argues that: │
│ │
│* The Internet is a unique communications medium which deserves First │
│Amendment protections at least as broad as those afforded to print media. │
│ │
│* In light of the unique nature of the Internet, the CDA's effort to │
│graft old dial-a-porn regulations onto the Internet amounts to a total ban │
│on a vast amount of constitutionally protected speech between adults. │
│ │
│* The CDA will be ineffective at protecting children from "indecent" │
│or "patently" offensive material on the "world-wide" web. The net is │
│global. │
│ │
│* Individual users and parents, not the Federal Government, should │
│determine for themselves and their children what material comes into their │
│homes based on their own tastes and values. Easy to use and effective │
│blocking software and services are readily available for this purpose. │
│ │
│The full text of the CIEC complaint, along with other relevant background │
│information, and information on how you can participate in this landmark │
│case, can be found on the CIEC World Wide Web Page at │
│<http://www.cdt.org/ciec/> │
│ │
│Impact of the Communications Decency Act │
│ │
│Liability under the Communications Decency Act (CDA) extends from │
│commercial and non-commercial content providers, web site operators, │
│libraries, universities, and online service providers who host or provide │
│material which violates the indecency ban. Although this case involves a │
│ban on indecent communication on the Internet, the way the Supreme Court │
│resolves that issue will effectively resolve the constitutionality of a │
│later ban on offensive, violent, hateful or otherwise unwanted │
│communications online. In order to assure that Internet can continue to be │
│a forum for the free exchange of valuable information and ideas, free from │
│onerous and chilling censorship, we are challenging the indecency │
│restrictions contained in the Communications Decency Act. │
│ │
│ │
│Relationship with Other CDA Challenges │
│