ALAWON v5n05 (February 26, 1996) URL = http://hegel.lib.ncsu.edu/stacks/serials/alawon/alawon-v5n05 ------------------- ALWN505.DOS follows -------------------- ****Begin File*************Begin File**************Begin File**** ***************************************************************** ISSN 1069-7799 ALAWON ALA Washington Office Newsline An electronic publication of the American Library Association Washington Office Volume 5, Number 5 February 26, 1996 In this issue: (126 lines) ALA LEAD PLAINTIFF IN LAWSUIT TO FIGHT COMMUNICATIONS DECENCY ACT ***************************************************************** ALA LEAD PLAINTIFF IN LAWSUIT TO FIGHT COMMUNICATIONS DECENCY ACT Today, Monday, February 26, 1996, the American Library Association led a broad coalition of 22 organizations, called the Citizens Internet Empowerment Coalition, in a lawsuit that challenges the Communications Decency Act of 1996 (CDA), a portion of the recently enacted Telecommunications Act. The lawsuit is being filed in the United States District Court for the Eastern District of Pennsylvania. ALA and its coalition allies will challenge the constitutionality of the CDA on the grounds that its wording is imprecise, that it makes no distinction between materials appropriate for a five year old and a 17-year-old college student, and that measures to restrict access of sexually explicit materials to minors will have a chilling effect on constitutionally protected expression. This case will be consolidated with the lawsuit filed by the American Civil Liberties Union earlier this month. A hearing on both lawsuits, before a three-judge federal panel, will take place on March 21, 1996. "This legislation poses special problems for libraries and their role as public access points to information," said ALA President Betty Turock. "This case will determine how we communicate in the 21st century and whether the information available will fulfill the incredibly diverse needs of all people or whether only an elite few will have access." Judith Krug, Director of the ALA Office of Intellectual Freedom, has been one of the leaders instrumental in organizing the lawsuit and pulling this diverse coalition together. Krug pointed out that, under the Communications Decency Act, any person who knowingly sends or displays materials that could be interpreted as "indecent" or "patently offensive by contemporary community standards" in a manner available to children under the age of 18 could be imprisoned for up to two years and/or face substantial fines. Other named plaintiffs in the lawsuit are: America Online; American Booksellers Association; American Booksellers Foundation for Free Expression; American Society of Newspaper Editors; Association of American Publishers; Association of National Advertisers; Association of Publishers, Editors and Writers; Citizens Internet Empowerment Coalition; Commercial Internet Exchange Association; Compuserve; Families Against Internet Censorship; Freedom to Read Foundation; Hotwired Ventures; Interactive Services Association; Microsoft Corporation; Microsoft Network; Netcom; Newspaper Association of America; Prodigy; Society Of Professional Journalists; and Wired Ventures. Other members of the Citizens Internet Empowerment Coalition are: Americans for Tax Reform; Association of American University Presses, Inc.; Association of National Advertisers; Association of Research Libraries; Center for Democracy and Technology; Coalition for Networked Information; Media Access Project; Media Institute; Microsystems Software, Inc.; National Association of State Universities and Land Grant Colleges; People for the American Way; Recording Industry Association of America; Special Libraries Association; Surfwatch, Inc.; and the University of California Santa Barbara Library. Although it's unlikely that a library would be the first target of a criminal prosecution, ALA has warned that the nation's libraries could face criminal prosecution for providing access to or posting materials on the Internet under the "indecency" provision of the newly enacted Telecommunications Act. The warning comes from ALA's legal counsel, attorney Bruce Ennis of Jenner & Block, based in Washington, D.C. Ennis advised that the prospect of criminal prosecution exists and libraries that post content on the Internet should seek the advice of legal counsel to determine the potential for criminal prosecution under the Act. He pointed out that in some cases, libraries may be forced to choose between censorship of Internet materials or the risk that a complaint could lead to criminal prosecution. Ennis also noted that the Act applies to words as well as graphic materials, making it possible that titles in the card catalogue might be considered "patently offensive" or "indecent" by some people. More information as this legal battle unfolds. ***************************************************************** ***************************************************************** ALAWON (ISSN 1069-7799) is an irregular publication of the American Library Association Washington Office, 1301 Pennsylvania Ave., N.W., Washington, D.C. 20004. Internet: alawash@alawash.org; Phone: 202-628-8410; Fax: 202-628-8419. Editor: Lynne E. Bradley (leb@alawash.org). ALAWON is available free of charge and is available only in electronic form. To subscribe, send the message "subscribe ala- wo [your name]" to listserv@uicvm (Bitnet) or listserv@uicvm.uic.edu (Internet). Back issues and other documents are available from the listserv the list server. To find out what's available, send the message "send ala-wo filelist" to the listserv. The ALA-WO filelist contains the list of files with the exact filename and filetype. To get a particular file, issue the command "send filename filetype" to the listserv. Do not include the quotes in your commands. All materials in the newsletter subject to copyright by the American Library Association may be reprinted or redistributed for noncommercial purposes with appropriate credits. For other reprinting or redistribution, address requests to the ALA Washington Office (alawash@alawash.org). ****End File****************End File*****************End File**** *****************************************************************