CITIZENS INTERNET EMPOWERMENT COALITION 1634 EYE STREET NW, SUITE 1100 WASHINGTON, DC. 20006 (202) 637-9800 FAX (202) 637-0968 Management Committee: Jerry Berman,CDT William Burrington,AOL Judith Krug,ALA Citizens Internet Empowerment Coalition Litigation Fact Sheet March 1996 In response to the indecency restrictions imposed on the Internet by the Communications Decency Act (CDA), the Citizens Internet Empowerment Coalition has been formed to challenge the law as violative of the First Amendment. The Citizens Internet Empowerment Coalition (CIEC) is a large and diverse group of organizations who share the common goal of protecting the First Amendment and the viability of the Internet in the 21st century. Its 35 organizational members include libraries, book publishers, newspaper publishers, editors, advertisers, commercial online service providers, Internet access providers, non-profit groups, and civil liberties advocates. Over 10,000 individual Internet users have also joined the CIEC effort. The CIEC is coordinated by the Center for Democracy and Technology, America Online, and the American Library Association. The primary goal of the coalition lawsuit is to establish in constitutional jurisprudence that the Internet is a unique communications medium, deserving unique First Amendment protection -- that it is unlike the broadcast medium and, should receive at least the same broad protection afforded to the print media. Coalition members believe that children can be protected from inappropriate material online with the help of blocking and filtering technology now available. Parents, not the United States Government, are the best and most appropriate judges of what material is appropriate for themselves and their children. The Coalition law suit, ALA v. United States Department of Justice et al. was filed on February 26, with a Preliminary Injunction Motion filed later on March 1. The suit, handled by Bruce Ennis of the law firm of Jenner and Block in Washington D.C. , has been consolidated with one filed earlier by the ACLU challenging the CDA. A three-judge court convened by the Federal Third Circuit Court of Appeal in Philadelphia will hear evidence in the consolidated case through the middle of April, with a decision expected soon after. The case will then go directly to the United States Supreme Court. Educating The Court On The Nature Of The Internet And Alternatives To Censorship CIEC's complaint and memorandum in support of motion for preliminary injunction detail the history of the Internet and outlines how the network operates. The CIEC intends to educate the court on how the Internet functions and why the broad content regulations imposed by the CDA threaten the very existence of the Internet as a viable medium for free expression, education, and commerce. Among other things, the CIEC challenge argues that: * The Internet is a unique communications medium which deserves First Amendment protections at least as broad as those afforded to print media. * In light of the unique nature of the Internet, the CDA's effort to graft old dial-a-porn regulations onto the Internet amounts to a total ban on a vast amount of constitutionally protected speech between adults. * The CDA will be ineffective at protecting children from "indecent" or "patently" offensive material on the "world-wide" web. The net is global. * Individual users and parents, not the Federal Government, should determine for themselves and their children what material comes into their homes based on their own tastes and values. Easy to use and effective blocking software and services are readily available for this purpose. The full text of the CIEC complaint, along with other relevant background information, and information on how you can participate in this landmark case, can be found on the CIEC World Wide Web Page at Impact of the Communications Decency Act Liability under the Communications Decency Act (CDA) extends from commercial and non-commercial content providers, web site operators, libraries, universities, and online service providers who host or provide material which violates the indecency ban. Although this case involves a ban on indecent communication on the Internet, the way the Supreme Court resolves that issue will effectively resolve the constitutionality of a later ban on offensive, violent, hateful or otherwise unwanted communications online. In order to assure that Internet can continue to be a forum for the free exchange of valuable information and ideas, free from onerous and chilling censorship, we are challenging the indecency restrictions contained in the Communications Decency Act. Relationship with Other CDA Challenges The CIEC challenge is separate from the case brought by the ACLU, EFF, EPIC, Planned Parenthood, and several other plaintiffs in the same Philadelphia court on February 8, 1996. CIEC is working closely with ACLU attorneys and the two cases have recently been consolidated. The CIEC case will reinforce the ACLU's efforts while focusing on the unique nature of the Internet and alternatives to government content regulations. Membership in the Coalition The Citizens Internet Empowerment Coalition is a large and diverse group of Internet users, businesses, non-profit groups, and civil liberties advocates who share the common goals of protecting the First Amendment and the viability of the Internet as a means of free expression, education, and commerce. Named Plaintiffs In The CIEC Challenge American Library Association America Online, Inc. American Booksellers Association American Booksellers Foundation for Free Expression American Society of Newspaper Editors Association of American Publishers Association of Publishers, Editors and Writers Citizens Internet Empowerment Coalition Commercial Internet eXchange Compuserve Information Services, Inc. Families Against Internet Censorship Freedom to Read Foundation HotWired Ventures Ltd. Interactive Digital Software Association Interactive Services Association Magazine Publishers of America Microsoft Corporation Microsoft Network NETCOM On-line Communications Services, Inc. Newspaper Association of America Prodigy Services Company, Inc. Society of Professional Journalists Wired Ventures Ltd. Other Members Of The Citizens Internet Empowerment Coalition Plaintiff Americans for Tax Reform Association of American University Presses, Inc. Association of National Advertisers Association of Research Librarians Center for Democracy and Technology Coalition for Networked Information Media Access Project Media Institute Microsystems Software, Inc. National Assoc. of State Universities & Land Grant Colleges People for the American Way Recording Industry Association of America Special Libraries Association Surfwatch Software, Inc. University of California Santa Barbara Library Over 22,000 Individual Internet Users Center for Democracy and Technology 1634 Eye Street NW Suite 1100 Washington, DC 20006 (202) 637-9800 F: (202) 637-0968 email: jberman@cdt.org http:/www.cdt.org/ * PROTECT THE INTERNET AND THE FUTURE OF FREE SPEECH IN THE INFORMATION AGE * Join the legal challenge against the Communications Decency Act! For More Information, Visit the CIEC Web Page http://www.cdt.org/ciec/ or email