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FOR IMMEDIATE RELEASE
June 12, 1996
WASHINGTON, D.C.-- Senator Patrick Leahy was pleased with today's
news that a Federal court has ruled the Communications Decency
Act (CDA) unconstitutional. A panel of three Federal judges in
Philadelphia handed the decision down this morning after reviewing
the Communications Decency Act since February.
The court made the right decision," Leahy said. "Let
no one be confused--this is NOT a victory for child pornography
or indecent material--but instead a victory for the First Amendment."
The CDA punishes with fines and up to two years in prison anyone
who transmits 'obscene' or 'indecent' material over the Internet.
Leahy has argued that the U.S. already has tough laws in the books
for people who participate in these acts. He has also argued that
the CDA is very vague in defining what is 'indecent' or 'obscene'
over the Internet.
Leahy pointed to a story of how one Internet service provider
blocked a subscribers on-line chat area that used the word 'breast'.
In turned out that the site was to educate and help people who
have survived 'breast' cancer.
"I have prosecuted child pornographers," Leahy said.
"But stepping on the First Amendment to catch these people
is not the way to do it."
The judges were assigned to the case after two federal lawsuits
were filed in February by library associations, on-line service
providers, civil liberties groups and others seeking to overturn
the CDA. Senator Leahy also joined the fight in the legal battle
by submitting a declaration to the court during its proceedings.
Senator Leahy led opposition to the Communications Decency Act
when it was debated in the Senate, and urged adoption of an alternative
approach to study the technical means available to empower parents
and other computer users to control material that they could receive
over the Internet. Leahy's amendment lost in the Senate.
The Communications Decency Act became law when it was successfully
attached to the massive Telecommunications Bill, which was signed
into law on February 8. Leahy was one of only 11 senators to vote
against the bill. The day after the CDA was signed into law, Leahy
introduced legislation to repeal it.
"Many members of Congress who voted in favor of the CDA have
absolutely no idea of how the Internet works," Leahy said.
"Some of them think their computer is a TV on the fritz."
Today's decision by the three judge panel is a court injunction and is not permanent. The case now moves to the U.S. Supreme Court for review.
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Posted on June 12, 1996