Re: nettime: Justice Department stalls for time in CDA lawsuit, from HotWired

[Declan McCullagh <declan {AT} eff.org>]

David,

Obviously, there are more arguments we've been raising in this lawsuit --
in which I'm one of the ACLU plaintiffs -- rather than just the inability
to comply with defenses. Overbreadth and compelling interest, for starters.

But my point is, and perhaps this doesn't come through in the excerpts I 
sent, that the DoJ may rob us of a quick Supreme Court victory for free 
speech online -- a victory that would resound internationally, I think -- 
by pulling these delaying games like a motion to send the case back to 
Philly.

-Declan




On Wed, 21 Aug 1996, David Hudson wrote:

> At 8:17 PM 8/20/96, Declan McCullagh wrote:
> 
> >[Read the complete column at the URL below... -Declan]
> >
> >
> >http://www.hotwired.com/netizen/
> 
> Definitely will.
> 
> >   In other words, the CDA might be unconstitutional now, but
> >   _constitutional_ some months from now...
> 
> First, I still have a hard time seeing that happening, but even if it did,
> without a doubt, the appeal process would simply start all over again.
> Second, supposing hell freezes over and Reno & Co do actually ram it
> through (after cleaning the swastikas, etc., off their Web site), no one
> has yet come up with a feasible way of enforcing it. Because there isn't
> one.
> 
> As with the 'war on drugs', they'll be reduced to public service
> announcements begging us to 'just say no' to online pictures of naked
> people.
> 
> _________________________________________________________
> 
> David Hudson                    REWIRED <www.rewired.com>
> dwh {AT} berlin.snafu.de             Journal of a Strained Net
> dwh {AT} sfbayguardian.com
>                                 RHIZOME INTERNET
> .....see also.....              <www.rhizome.com>
> 
>         http://Zero.Tolerance.org/Hudson/Hudson.html
> 
> _________________________________________________________
> 
> 
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// declan {AT} eff.org // I do not represent the EFF // declan {AT} well.com //




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