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1
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MOTIONFORTRO
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EXTRACTED KEY WORDS
ACLU COMMUNICATIONS MATERIALS INTERNET PLAINTIFFS ONLINE SUPP SUPREME COURT LAW MINORS SPEECH DECL ADULTS SPEAKERS WEB SITES UNITED STATES TEMPORARY RESTRAINING ORDER TALBOT TESTIMONY SALON MAGAZINE PRELIMINARY INJUNCTION CREDIT CARD CREDIT CARD VERIFICATION PORNOGRAPHY COMMERCIAL PURPOSES ACLU MEMBER JOHNSON DECL AGE VERIFICATION PROTECTION MARKETPLACE |
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
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:
AMERICAN CIVIL LIBERTIES UNION, et al., ::
Plaintiffs, :
:
v. : Civ. Act. No. 98-CV-5591
:
JANET RENO, in her official capacity as :
ATTORNEY GENERAL OF THE UNITED STATES, ::
Defendant. ::
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PLAINTIFFS' MEMORANDUM OF LAW IN SUPPORT OF
THEIR MOTION FOR A TEMPORARY RESTRAINING ORDER
AND PRELIMINARY INJUNCTION
Plaintiffs respectfully submit this Memorandum of Law in Support of Their
Motion for a Temporary Restraining Order and Preliminary Injunction.
PRELIMINARY STATEMENT
This case challenges provisions of the Child Online Protection Act
("COPA"), 47 U.S.C. § 231, which is Congress' second attempt to impose severe criminal
sanctions on the display of constitutionally protected, non-obscene materials on the
Internet. The full text of the COPA is included as Attachment A hereto. The first
attempt, the Communications Decency Act ("CDA"), was soundly rejected by all nine
justices of the Supreme Court in Reno v. American Civ. Liberties Union ("ACLU I"), 521
U.S. 844, 117 S. Ct. 2329 (1997), aff'g 949 F. Supp. 824, 831 (E.D. Pa. 1996).
Recognizing that the Internet had become a powerful "new marketplace of ideas" and
"vast democratic fora" that was "dramatically expanding" in the absence of government
1
regulation, the Court imposed the highest level of constitutional scrutiny on content-based
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2
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MEMORANDUMPRELIMINARYINJUNCTION
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EXTRACTED KEY WORDS
SPEECH WEB SITE FIRST AMENDMENT TESTIMONY CONSTITUTION PLAINTIFFS MINORS CONGRESS COPA ADULT UNITED STATES MATERIALS INTERNET LAW CREDIT CARD COMMUNICATION DISTRICT COURT COMMERCIALIZATION TECHNOLOGY WEB SITE OPERATORS PRELIMINARY INJUNCTION FARMER TESTIMONY HOFFMAN TESTIMONY JOINT EXHIBIT OLSEN TESTIMONY PROSECUTION MARKETPLACE CREDIT CARD VERIFICATION AFFIRMATIVE DEFENSES |
IN THE UNITED STATES DISTRICT COURT IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA AMERICAN CIVIL LIBERTIES UNION, et al. : v. JANET RENO, in her official capacity as Attorney General of the United States. CIVIL ACTION NO. 98-5591 M E M O R A N D U M Reed, J. February 1, 1999 The First Amendment to the United States Constitution provides that "Congress shall make no law . . . abridging the freedom of speech." Although there is no complete consensus on the issue, most courts and commentators theorize that the importance of protecting freedom of speech is to foster the marketplace of ideas. If speech, even unconventional speech that some find lacking in substance or offensive, is allowed to compete unrestricted in the marketplace of ideas, truth will be discovered. Indeed, the First Amendment was designed to prevent the majority, through acts of Congress, from silencing those who would express unpopular or unconventional views. Despite the protection provided by the First Amendment, unconventional speakers are often limited in their ability to promote such speech in the marketplace by the costs or logistics of reaching the masses, hence, the adage that freedom of the press is limited to those who own one. In the medium of cyberspace, however, anyone can build a soap box out of web pages and speak her mind in the virtual village green to an audience larger and more diverse than any the Framers could have imagined. In many respects, unconventional messages compete equally with the speech of mainstream speakers in the marketplace of ideas that is the Internet, certainly more than in most other media. But with freedom come consequences. Many of the same characteristics which make cyberspace ideal for First Amendment expression -- ease of participation and diversity of content and speakers -- make it a potentially harmful media for children. A child with minimal knowledge of a computer, the ability to operate a browser, and the skill to type a few simple words may be able toSNIPPETS: |
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3
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PRELIMINARYINJUNCTION
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EXTRACTED KEY WORDS
PLAINTIFFS INJUNCTION PROSECUTION UNITED STATES DEFENDANT FEDERALISM STATUTE ENJOIN CIVIL MOTION ENFORCEMENT COPA MEMBER RELIEF AMERICAN PROTECTS ACLU RENO PRELIMINARY INJUNCTION EVIDENCE PARTIES PROVISION ACCOMPANYING MEMORANDUM CHILD PORNOGRAPHY ACTS MATERIALS OBSCENE MERITS STANDING |
IN THE UNITED STATES DISTRICT COURT IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA AMERICAN CIVIL LIBERTIES UNION, et al. : v. JANET RENO, in her official capacity as Attorney General of the United States. CIVIL ACTION NO. 98-5591 O R D E R AND NOW, this 1st day of February, 1999, upon consideration of the motion of plaintiffs for a preliminary injunction and supporting brief (Document No. 73), the response of the defendant (Document No. 82), and the supplemental reply brief of the plaintiffs (Document No. 74), as well as the exhibits, declarations, and other evidence submitted by the parties, having held a hearing on this motion in which counsel for both sides presented evidence and argument, and for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that the motion is GRANTED and defendant Janet Reno, in her official capacity as Attorney General of the United States, and, pursuant to Federal Rule of Civil Procedure 65(d), defendant's officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with defendant who receive actual notice of this Order, are PRELIMINARILY ENJOINED from enforcing or prosecuting matters premised upon 47 U.S.C. 231 of the Child Online Protection Act at any time(7) for any conduct(8) that occurs while this Order is in effect. This Order does not extend to or restrict any action by defendant in connection with any investigations or prosecutions concerning child pornography or material that is obscene under 47 U.S.C. 231 or any other provisions of the United States Code. IT IS FURTHER ORDERED that the filing of a bond is waived.(9) IT IS FURTHER ORDERED that this preliminary injunction shall remain in effect until a final adjudication of the merits of plaintiffs' claims has been made. IT IS FURTHER ORDERED that, upon consideration of the motion of defendant to dismiss the complaint of plaintiffs for lack of standing (Document No. 50), theSNIPPETS: |
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4
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TEMPRESTAININGORDER
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EXTRACTED KEY WORDS
COURT COPA TEMPORARY RESTRAINING ORDER SPEECH MINORS PROTECTED SPEECH CIVIL ADULTS UNITED STATES RENO ONLINE PROTECTION ACT CONSTITUTIONALITY UNITED STATES DISTRICT CIVIL ACTION CHILD ONLINE PROTECTION MATERIALS PROSECUTION DEFENDANT COMMUNICATION AMERICAN CIVIL JANET RENO ENFORCING FEDERAL RULE FIRST AMENDMENT AFFIRMATIVE DEFENSES IRREPARABLE HARM INJUNCTIVE RELIEF COMPLAINT COPA INFRINGES |
IN THE UNITED STATES DISTRICT COURT
IN
THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
AMERICAN CIVIL
LIBERTIES UNION, et al.
v.
JANET RENO, in her official capacity as ATTORNEY GENERAL OF THE UNITED
STATES
CIVIL ACTION NO. 98-5591
M
E M O R A N D U M
Reed, J.
November 20, 1998
The plaintiffs,
representing individuals and entities who are speakers and content providers on
the World Wide Web (the "Web"), many of whom are seeking to make a
profit, and users of the Web who use such sites, filed a complaint in this
Court challenging the constitutionality of the recently enacted Child Online
Protection Act ("COPA") under the First and Fifth Amendments.1
The plaintiffs allege in their complaint that COPA infringes upon protected
speech of adults and minors and that it is unconstitutionally vague. The
plaintiffs sought a temporary restraining order to prohibit the Attorney
General from enforcing COPA, which was to go into effect on November 20, 1998. See
Attachment A. This memorandum sets forth pursuant to Federal Rule of Civil
Procedure 65(d) the reasons for the issuance of the temporary restraining order
yesterday. (Document No. 29).
COPA represents the
efforts of Congress to remedy the constitutional defects in the Child Decency
Act ("CDA"), the first attempt by Congress to regulate content on the
Internet. The CDA was struck down by the Supreme Court in ACLU v. Reno,
117 S.Ct. 2329 (1997) as violative of the First Amendment. Resolution of the
motion for temporary restraining order is the first stepping stone in
determining the constitutionality of COPA.
To obtain a temporary
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5
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DISTRICTCOURTOPINION
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EXTRACTED KEY WORDS
COMMUNICATIONS MATERIALS PLAINTIFFS COURT PROVISIONS CDA UNITED STATES NETWORKS WEB SITE PRELIMINARY INJUNCTION POSTS JUDGE MOTIONS ACT ONLINE UNITED STATES DISTRICT TELECOMMUNICATIONS NEWSGROUPS CREDIT CARD MAILING LISTS SUBSCRIBERS GOVERNMENT COMMERCIAL ONLINE SERVICES CREDIT CARD VERIFICATION THIRD CIRCUIT ACLU CYBER PATROL AMERICA ONLINE CRITICAL PATH |
June 12, 1996 EFF/ACLU v. Reno CDA Challenge
Decision
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
AMERICAN CIVIL LIBERTIES UNION, : CIVIL ACTION
et al., ::
v. ::
JANET RENO, Attorney General of :
the United States : No. 96-963
_____________________________________________________________
AMERICAN LIBRARY ASSOCIATION, : CIVIL ACTION
INC., et al., ::
v. ::
UNITED STATES DEP'T OF JUSTICE, :
et al. : No. 96-1458
Before: Sloviter, Chief Judge, United States Court of Appeals
for the Third Circuit; Buckwalter and Dalzell, Judges,
United States District Court for the Eastern District
of Pennsylvania
June 11, 1996
ADJUDICATION ON MOTIONS FOR PRELIMINARY INJUNCTION
I.
INTRODUCTION
Procedural Background
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