ACLU v. Reno II

American Civil Liberties Union, et. al. v. Janet Reno, U.S. District Court, E.D. Pennsylvania, Case No. 98-5591, filed October 22, 1998.

Nature of the Case.  Liberal interest groups bring suit asking the federal court to hold unconstitutional the Child Online Protection Act (COPA), which bans bans sending to minors over the web material that is harmful to minors.

Plaintiffs.  American Civil Liberties Union (ACLU), Androgyny Books, Inc. d/b/a A Different Light Bookstores, American Booksellers Foundation for Free Expression, Artnet Worldwide Corporation, Blackstripe, Addazi, Inc. d/b/a Condomania, Electronic Frontier Foundation, Electronic Privacy Information Center, Free Speech Media, Internet Content Coalition, Obgyn.net, Philadelphia Gay News, Planetout Corporation, Powell's Bookstore, Riotgrrl, Salon Internet, Inc., and West Stock, Inc.  Lead Attorneys: Ann Beeson, Christopher Hansen, John Salyer, ACLU, 125 Broad Street,
New York, NY, 10004, 212-549-2601.

Defendant.  The sole defendant is Janet Reno, in her capacity as Attorney General of the United States.  As head of the U.S. Department of Justice, she is ultimately responsible for enforcing the COPA.

Facts.  COPA bans sending to minors over the web material that is harmful to minors.  It is intended to replace the much more broadly worded Communications Decency Act, which was held unconstitutional by the Supreme Court last year.  COPA allows websites to distribute pornography, but requires those websites which distribute material that is harmful to children to verify adult status through the use of credit cards, adult access codes, adult PIN numbers, or other technologies that may be developed in the future.  It employs the "harmful to minor" standard which has been upheld in the federal courts.

Issues.  The main issue is whether the COPA violates the First Amendment free speech clause of the U.S. Constitution.  The Complaint alleges four counts:

• "The Act violates the First and Fifth Amendments of the United States Constitution on its face and as applied because it creates an effective ban on constitutionally protected speech by and to adults."
• "The Act violates the First and Fifth Amendments of the United States Constitution because it interferes with the rights of minors to access and view material that is not harmful to them by prohibiting the dissemination of any material with sexual content that is "harmful to minors" of any age, despite the fact that the material will not be "harmful" to all minors."
• "The Act violates the First and Fifth Amendment right to communicate and access information anonymously."
• "The Act is unconstitutionally vague, in violation of the First and Fifth Amendments."

Status.  The Plaintiffs obtained a temporary restraining order on October 19, 1998.

Chronology with Links to Pleading and other Materials.

• 10/5/98.  Anthony Sutin of the Department of Justice wrote a letter to Thomas Bliley, Chairman of the House Commerce Committee, and co-sponsor of COPA, suggesting that COPA is unconstitutional.
• 10/21/98.  COPA passed the House as part of the Omnibus Appropriations Bill.
• 10/22/98.  COPA passed the Senate as part of omnibus bill.
• 10/22/98.  President Clinton signed the omnibus bill.
• 10/22/98.  Plaintiffs filed original Complaint for Declaratory and Injunctive Relief.  (Story)
• 10/__/98.  Plaintiffs filed Memorandum in Support of Motion for Temporary Restraining Order and Preliminary Injunction.
• 11/19/98.  Judge Reed issued Order temporarily enjoining enforcement of COPA.  (Story.)
• 12/8-9/98.  Scheduled date of preliminary injunction hearing. 

Tech Law Journal Stories.

• Senate Hearing on Internet Indecency, 2/10/98.
• Internet Bills Approved by Senate Committee, 3/12/98.
• Senate Passes 'CDA II' and 'Safe Schools Internet Act', 7/26/98.
• House Commerce Committee Passes Child Online Protection Act, 9/25/98.
• Bobby Rush Backs CDA II and Condemns Release of Starr Report, 9/25/98.
• House Passes Child Online Protection Act, 10/8/98.
• Congress and White House Debate Anti-Porn Bill, 10/16/98.
• Internet and Tech Bills Become Law, 10/22/98.
• ACLU Challenges COPA, 10/23/98.
• Judge Issues Temporary Restraining Order in COPA Suit, 10/21/98.