Phila. lawyers call for repeal of Internet law

The court battle over the recently enacted Communications Decency Act continued yesterday in the Philadelphia Federal Courthouse. The American Civil Liberties Union has filed a national lawsuit against the Justice Department for the repeal of the CDA. A panel of three federal judges -- U.S. District judges Ronald Buckwalter and Stewart Dalzell -- and Chief Judge Delores Sloviter, is hearing testimony from a group of 11 attorneys from the Justice Department, the ACLU and free speech advocates who contend that the law is unconstitutional and violates the First Amendment. The CDA makes it illegal to knowingly send to a specific person under 18, or make available to persons under the age of 18, Internet materials that concern sexual or excretory acts or organs, according to Bruce Taylor, president of the National Law Center for Children and Families. CDA defenders deem the law necessary to restrict the access of indecent or offensive material to minors. But many civil liberties groups, not just the ACLU, challenged the constitutionality of several of the CDA provisions and have filed lawsuits in federal court to block their enforcement. The suit was filed in February after President Clinton signed the CDA into law. Hearings began on March 21, when defenders of the CDA submitted a motion to enter exhibits of Internet material into evidence. The three-judge panel met to hear plaintiff's testimonies and statements from government officials on April 1, 12 and 15. Rebuttal witnesses will take the stand on April 26, according to the Legal Intelligencer. If the plaintiffs should appeal the panel's ruling, it will go directly to the U.S. Supreme Court. Provost Stanley Chodorow called for rapid action last month regarding the CDA, adding that the University opposes the new law, since it may also restrict development of new forms of electronic communication. "Penn believes the constitutional challenges to the CDA are important and should be resolved quickly because we believe the act may chill the free exchange of ideas and information that is central to the University's mission," he said at the time. The provost also said the University cannot prevent information on newsgroups and home pages from becoming available to minors, and thereby possibly coming under federal scrutiny. He advised any members of the University community that they should take the new law's provisions into account when designing their World Wide Web pages or posting messages to newsgroups.