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OCR: 04-12-6 NCUIl Heusfeed -- ACLU Hous Releases Direct to TOU TUMAY'S MESI - ACLUI U. BEND: TRIN UPDATE: Governnest Opens Case Is Internet Trial " Rew Utah Bill Seeks to Kill Gay Clubs -ICH ., RING: TRIAL UPDATE: Government Opers Case In Enternet Trial. ist Government Witness Acknowledges Difficulty in Finding Sexually Explicit Material Online 2nl Goverweeat Witness Retures Monday to Conclude Test inomy Plaintiffs have option to rebut goverment case Monday MIELABELMILA - Testifying for the government taday, Special Agent Howard A. Schaidt acknowledged, Is amuer to skeptical questioning by a thece- jadge panel, that it is "highly unlikely" for anyone to come across sexually explicit sites on the Internet by accident. im the first witsess for the goverment, fgent Schmidt began the morning with a live Internet tour and demonstration of a search for so-called indecency. The demonstration stopped short of actually displaying any of the Laages, bart traced for the court the route by which Schmidt arrived at wrious ses sites. Schmidt acknowledged - under cross-examination -- that majority of the sites he found would have becs off limits had he bees reming & software program Imappropriate for children, h. that blocks access to Internet sites considered Mar jerie Heing, who conducted cross-examination for the MCLU, noted that (agent, Schmidt's expertise -- and the goueroncat's caut == lles in focusing on A very narrow category of sexual material, much by existing obscenity low. which is already covered "Is today's testimony, the yourearut attempted to divert the court's attention from the Serious concerns of our plaintiffs by focusing os material that is highly inflammatory and largely irrelevant to this case," Heims sald. consolidated cases of #CLIJ u. Reno and fun w, DOJ challenge provisions of the Communications Decesoy fct that criminalise making asmilable to mimers "Indecent" or "patently offensive" speech. Uader questioning by the judges, Agent Schmidt was asked how he would enforce Lhe cemorship las when confronted with a safe sex laformation seb-alte that displayed an inage illustrating how to pat a condon os an erect peals. figent Schmidt said that since the context was "educational, post wraings. pleasure purposes, " he would not cemor the site bet advise the publishers to purely for His amuer was different when asked how he would rate an online copy of the controversial Vanity Fair magazine cover featuring the actress Deni Moore, nearly naked and eight months pregnant. Is that case. Schmidt said, the Communications Decency fct would apply Because the inage was "for fun." He also said, in answer to a query from Because the inage was "for -Madge Stuart Dalzell, that the community standard as to the offensive of the inage night be different for Niscesola than it would for New York. "It is trosic that, according to the goueronest, an explicit online inage of as erect penis is an educational context would be acceptable, whereas Vanily fair, a constitutionally protected publication containing a much less explicit laage, would Be comored, " Helies said. Following Agent Schmidt's testimony, the final plaintiff witness, Dr. Albert Vezza, told the judges about PICS (Platform for Internet Content Selection), a new rating system designed to allou parents to control children's access to the Internet without censorship. Dr. Waza is associate director of the HIT Laboratory for Computer Sciences and has chief responsibility for the PICS project. He was unable to testify earlier in the case due to scheduling conflicts. Dr. Wezza said he expected that wi de ladastry acceptance of the PICS standard wamild enable araj minber of "third-party" organizations such as the Pia, the ubers. Christian Coalition or the Boy Scouts of frerica to rate content for Internet The second and final goverment witness. Dr. Dan Olses, a professor of computer science at Brigham Young University, took the stand in the nid-afternoon. Dr. Olsen acknowledged that the PICS standard would allow parents to control their children's Internet wiruing according to their own uslues or ula a rating system devised byj a trusted organization. He also acknowledged that a system he had conceived is which Internet sites must be labelled by the contrat originster, would not allow for such an indepenalest rating Schene. While plaintiff lawyers completed cross-examination of Iv. Olsen today. he will return on Monday for redirect by government lasjers and to answer . questions the Judges nagy have. It is now anticipated that Monday, April 15, will be the last day of trial in ACUS u Reso. Plaintiff lawyers will have the opportunity on Monday (instead of April 263 to call witnesses to rebut the governecats's test inory]. ńcua w Re However, the ACW) and ALA coalition did not indicate which witnesses, if bij they would call, Because the April 26 rebuttal day is no longer necessary, the next date In court is set for June 3, when the three-judge panel will hear oral argancats from both plaintiffs and defendants. The judges are expected to issue a ruling sone ting is the weeks following. Under expedited provisions, waj appeal on rulings regarding the new censorship law will be nade directly to the U.S. Supreme Court. Lwagru for the ACLU appearing before the judges are Christopher Hausen, Pennsylvania. Har Jirie Heins, hun Beeson, and Stefan Presser, legal director of the ACLU of "few Utah Bill Seeks to Kill Gay Clubs. Utah lawmakers have reached a compromise on legislation aimed at restricting gay stadeat clubs at Utah high schools while allowing the Salt Lake City School District to lift its blasket bos on all extracurricular clubs. the Salt Lake City Tribune reported. Passage of the new proposal is on the agenda of next Wednesday's special session of the Legislature. The old proposal, which would have forbidden teachers from cosdening or promoting "Illegal activity." has been replaced by Language that targets "criminal behavior" a change supporters hope will alleviate conceras that the measure night trangle free speech rights and interfere with acts of civil disobedience in teachers' private lives. fad after Bengtlaj talks with Images and school officials, the yourser and kesj lawmakers have agreed to add reu provisions that would allow school districts to ban student clubs that promete "bigotry, ercourage criminal Behavior or involve lenas sexuality." Lesvitt said that would extend to heteroscamal as well as lesbian and gay www law Is enacted, he was all but certain the Salt Lake School District cluba Jouy Bates, attorney for the state Office of Education, said if the smalld me to lift its February ban on all student clubs and replace it with a ban on gay clubs. But that mine wamild tantamount to discrimination, said a student closely Involved with the East High School Gay-Straight Alliance, which sparked much of the current controversy whew Salt Lake City school board officials voted In February to ban all student clabs rather than allou their group to foen. "It's an unfair denial of student's rights to life, liberty and happiness," wald Kelli Peterson, the clab's founder. We do not pronote bigotry, Us pronote acceptance," "We do not talk about having sex. At issue is the applicability of the federal Equal ficcess fict of 1%11, backed at the time by Ses. Devis Watch, B-Utah, and originally drafted to glue Bible-study groups access to school facilities for extracurricular activities. The Utah Attorney General's Office and the state Office of Education officially have opined that ender the law, school districts have no basis for forbidding specific clubs, unless they engage in illegal activities. Carol Gande, director of the Utak chapter of the frerican Civil Liberties Union, said that the latest version of bill "flies in the face of the oqual-access lau" and is certais to be challenged in court. Better than the original version and probably worse, " Grade told the Triberme "This Is no ONLINE RESOURCES FROM THE ACLU RATIONAL OFFICE ACUP Freedom Melwork Web Page: http://www.ac lu.org. inerica Daline users should check out our live chats, saditorian events, querys active message boards, and complete neus on cluil liberties, at ACUS Newsfeed finericam Civil Liberties Union Rational Office 112 West 13rd Street New York, New York 100%, To sabarribe to the ACWU Reunfeed, send a message to na jordonceaclu.org with "subscribe Brun" in the body of the message, To terminate your subscription, the messég send a message to na jardoncesclu ery with "wasabscelle Reus" in the body of For general information about the ACLU, write to Info@aclu.org.