Internet World, June 1996
http://www.internetworld.com/June96/news.html#decency

Court Weighs Decency Act
By Declan McCullagh (declan@well.com)
     
     Across the street from the Liberty Bell in Philadelphia, in a
     wood-paneled courtroom before three federal district and appellate
     court judges, a legal battle is being waged. It will determine the
     legal status of the Communications Decency Act (CDA) and possibly
     the future of free speech on the Internet.
     
     The court was convened to hear a lawsuit filed by a broad coalition
     of industry and civil liberties groups, including America Online,
     the ACLU, and the American Library Association. The coalition's
     argument is that the CDA is unconstitutional. Under the new law,
     anyone who makes "indecent" or "patently offensive" materials
     available to minors through an "interactive computer service" is
     subject to a $250,000 fine and two years in prison.
     
     Attorneys from the Department of Justice maintain the CDA is
     "narrowly tailored" to protect children from pornography and will
     not affect legitimate online conversations or Web publishing. They
     also claim the Internet is akin to radio and broadcast television,
     which current law allows the government to regulate.
     
     By offering examples of online indecency, including Playboy
     magazine's site and the alt.binaries. pictures.erotica Usenet
     newsgroup, and demonstrating how a Web search for "little women" can
     bring up sexually explicit images, the Justice Dept. hopes to paint
     the Internet as a dangerous place for children--while opponents of
     the law argue that smut-blocking software is readily available.
     
     The anti-CDA coalition gave the three-judge panel a crash course on
     the Net. Bill Duvall, president of SurfWatch Software Inc., took the
     stand on March 21 to demonstrate how blocking software prevents
     children from accessing objectionable Web sites and Usenet
     newsgroups.
     
     Opponents of the CDA predict a victory. "I think the hearing is
     going well. We've successfully educated the courts and the
     government about how cyberspace works and why this act will do
     damage," said Chris Hansen, senior staff counsel for the ACLU.
     Attorneys from the Department of Justice declined to comment on the
     case.
     
     Both sides agreed that no matter what the Philadelphia judges
     decide, the case is headed for the Supreme Court. After hearing
     closing arguments on June 3, the three-judge panel is expected to
     issue a decision within two months. Then the losing side will appeal
     directly to the Court, which will return from vacation on October 7.
     
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