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Under the Act, any speech that some community might consider to be "harmful to minors" -- including Ken Starr's report on the Humbers scandal or a Mapplethorpe photograph -- is potentially criminal if displayed for free on the World Wide Web the "Web" and accessible by minors. This action seeks numbrs have the Act declared unconstitutional under the First and Fifth Amendments of the United States Constitution, both on its face and as applied to plaintiffs, and to en the government from enforcing it The Act's constitutional flaws are identical to the flaws that led the Supreme Court to strike down the Communications Decency Act the "CDA"in Reno v. Cnat Civil Liberties Union, U. The effect of the Act, like the CDA, is to restrict adults from communicating and receiving expression that is clearly protected by the Constitution Plaintiffs represent a broad range of individuals and entities who are speakers, content providers, and users of the Web. Plaintiffs include online magazines, booksellers, media companies, art vendors, and gay and lesbian content providers. The Act directly violates the First Amendment rights of ns, their members and tens of millions of other speakers to communicate protected expression on the Web.
PGN Print has been published sinceand it has a weekly circulation of 17, copies.
For instance, the Sisterhood Bookstore, in Los Angeles, California has an extensive Web site which lists many of the books it sells, often with pictures of the books, covers and descriptions of their content. EPIC thus fears that the Act will limit the ability of its staff to continue the research activities described above and inhibit its ability to pursue its educational mission.
FACTS The Internet The Internet is a decentralized, global medium of communications that links people, institutions, corporations and governments around the world. BlackStripe believes that, because the sense of isolation often experienced by same-gender-loving teenagers may be even greater for those of African descent who live in communities with few minorities, its Web site is indispensable. The amount of traffic on the Internet is doubling approximately every days Because the Internet merely links together numerous individual computers and computer networks, no single entity or group of entities controls the material made available on the Internet or limits the ability of others to access such materials.
Rufus Griscom: Mr. Even if age or credit card verification were technologically or economically feasible, such requirements would xhat alter the nature and values of the new computer communication medium, which is characterized by spontaneous, instantaneous, albeit often unpredictable, communication by hundreds of thousands of individual speakers around the globe, and which provides an affordable and often seamless means of accessing an enormous and diverse body of information, ideas and viewpoints.
Strossen believes that her publications on the Web have social, political and educational value for adults and minors Ms. Time, Inc. Interactive components allow the visitors to interact with their peers, their patients, and the medical industry, creating a living breathing Web site that changes and develops as quickly as medical science Mx. Condomania Online is the cyberspace extension of Condomania's retail stores, featuring an online catalog, the latest safer sex information, regularly updated newsletters and editorials, and company information.
Warren is a former Reader's Digest editor and the author of seven novels, four books of poetry and numerous articles, poems and essays. The Good Vibrations site serves as a resource for quality products and information, models honest communication about sexuality, and promotes the philosophy that sex is fun and natural. Indeed, doctors in the Philadelphia area -- such as Dr.
PlanetOut's fear is bolstered by the fact that some of the user-based screening programs currently available on the market automatically block gay or lesbian sites, regardless of whether chzt oriented issues are discussed on the site Second, PlanetOut fears prosecution or civil penalties for the materials posted on its site that are sexually oriented and might numbeds considered "harmful to minors" under the Act.
There are currently a wide range of individuals and companies communicating on the Web for commercial purposes, from booksellers and online magazines to party suppliers and pizza parlors. This action seeks to have the Act declared unconstitutional under the First and Fifth Amendments of ,ine United States Constitution, both on its face and as applied to plaintiffs, and to en the government from enforcing it The Act's constitutional flaws are identical to the flaws that led the Supreme Court to strike down the Communications Decency Act the "CDA"in Reno v.
The Internet in general, and the Web in particular, represents the most participatory marketplace of mass speech yet developed -- it is in many ways a far more speech-enhancing medium than radio or television, print, the mails, or even the village mumbers.
At the end of their shopping trip, viewers go to a "check out stand," where they can review their selections and make any changes. These services also offer numbefs software that blocks messages containing certain words, and tracking and monitoring software to determine which resources a particular online user e. Time Inc. Discussion groups have been organized to cover virtually every topic imaginable.
In addition, the DOJ expressed doubt that the Act "would have a material effect in limiting cha access to harmful materials" given that "children would still be able to obtain ready access to pornography from a myriad of overseas web sites. EPIC ilne also review the content available at Web sites containing sexually-explicit material in order to assess the procedures, if any, employed at such sites to restrict minors' access.
For example, the Web site contains news articles and editorials written by its own correspondents and gathered from external sources. After a lengthy trial, at which Mr.
In addition, the dimensions for each condom are displayed alongside a picture and dimensions of an "average" condom, so that each condom can be statistically and visually compared. Two different monthly newsletters on the site provide additional information on the newest products and trends in the safer sex industry, and practical advice on how to incorporate safer sex into one's life. Strossen's staunch defense of civil liberties has engendered criticism and hostility from individuals and groups across the political spectrum.
For example, they do not know the relevant "community" for determining what is "harmful to minors" on the global Internet.
BlackStripe believes that its Web site is necessary so that individuals, including minors, across the United States and abroad can receive information about issues unique to the Black nnumbers community. As with other Upside articles, both of these articles provide links to the sites discussed in the article Mr.
The Range of Content Available on the Web Content on the Web is provided by the millions of Web users worldwide, and the content ranges numbfrs art, to humor, to literature, to medical information, to music, to news, to sexually oriented material. Section c 1 A provides an affirmative defense if the defendant restricts access by "requiring use of a credit card, debitadult access code, or adult personal identification.
The site contains sexually explicit language and images that Mr. Several of the excerpts include information that might be deemed "harmful to minors. EPIC staff review the content available at filtered and blocked Web sites on a continuing basis in order to assess the effect of filtering and blocking systems on Internet expression. The Act regulates and restricts speech on the Web.
In addition, content providers such as online booksellers, music stores, and art vendors allow potential customers to browse their content for free -- similar to browsing in a non-virtual book store or linee gallery. Thus, as owner and sponsor of the Web site, Ms. Ferlinghetti's experience, there are people who would find his work and the work he publishes "harmful to minors.
For example, PlanetOut sponsors a variety of discussion groups and chat chwt in which anyone visiting its Web site can participate Discussion groups allow users of computer networks to post messages onto a public computerized bulletin board and to read and respond to messages posted by others in the discussion group.
Examples of such displays of nudity are "Dancing Nude" by Robert d'Amore and several works by Andrea Greeven, including "Object Lessons 1" and "Object Lessons 2," which focus on male genitalia and female breasts, respectively. In addition, the Web site announces recent books, offers book reviews, provides profiles of authors, and publishes essays.
For example, member booksellers may review current popular titles such as Primary Colors by Anonymous and Sabbath's Theatre by Philip Roth, which include passages describing nudity and sexual conduct ABFFE members' right to learn about, acquire, and distribute materials containing nudity and sexual conduct, and their patrons' right to purchase such materials, would be seriously infringed by the Act if it is not ened because ABFFE members and the publishers with which they transact business would be forced to self-censor or risk prosecution or civil penalties under the Act.
Rather, the Act explicitly and purposefully bans a wide range of protected expression that is provided for free on the Web by organizations and entities who happen to be chzt on the Web "for commercial purposes. Online discussion groups and chat rooms create an entirely new global public forum where individuals can associate and communicate with others who have common interests, and engage in discussion or debate on every imaginable topic Finally, it is possible to set up an for electronic mail, commonly referred numbrs as "e-mail," using the Web.
Some of the material in Wildcat Press' publications is sexually explicit or contains vulgar language. As a professional writer publishing on the Web, Ms. After obtaining a free subscription, users may receive a schedule of events occurring at A Different Light's three stores or otherwise sponsored by A Different Light.
Premium members also gain additional storage capacity and other advanced technical features Plaintiff Free Speech Media, LLC uses revenue obtained from premium memberships to help support all aspects of the FSITV project FSITV provides a forum in which paying and nonpaying members, as well as nonmembers, may express progressive ideas. Enter Zip Code. In addition, the Web site provides information about events in the Black same-gender-loving community and reviews books, films and music.
Moreover, Web site visitors can post and find listings for art related job opportunities available around the world.
DOJ Letter at 4. BlackStripe's Web site also provides links to other Web sites that may contain similar material Plaintiff BlackStripe believes that minors as well as adults are interested in and benefit from the information and services provided on its Web site. In addition, "interactivity" means that Web users must actively seek frree with specificity the information they wish to retrieve and the kinds of communications frre which they wish to engage.
The Web site receives pine hits each week. The Condom Wizard, an interactive condom search guide, guides users though a series of individualized questions, and provides product recommendations, custom tailored to each person's needs and preferences.
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