Document: Preliminary Injunction Order in PSINET v. Chapman, 8/8/00.

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Order in PSINET v. Chapman.
Re: granting preliminary injunction of enforcement of Virginia Code Ann. § 18.2-391, a criminal statute prohibiting the display on the Internet of materials used for a commercial purpose that are harmful to juveniles.
Court: U.S.D.C., W.D. Va., James Michael.
Case No.: 3:99CV00111.
Date: August 8, 2000.

Editor's Notes:
  • Tech Law Journal created this document by scanning a photocopy of the Order, and converting to HTML.
  • People for the American Way kindly provided the photocopy.
  • Several features were eliminated in the conversion, including double spacing, paragraph indentations, fonts, and the Clerk's file stamp.
  • Copyright Tech Law Journal. All rights reserved.
  • See also, Memorandum Opinion (explaining this Order) and Tech Law Journal story.

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGNIA
CHARLOTTESVILLE, DIVISION

PSINET INC., et al.,

Plaintiffs,

WARNER D. CHAPMAN, et al.,

Defendants.

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CIVIL ACTION NO. 3:99CV00111

ORDER

JUDGE JAMES H. MICHAEL, JR.

Before this court are (1) the plaintiffs' December 15, 1999 Motion for Preliminary Injunction and (2) the defendants' March 9, 2000 Motion to Hold Proceedings in Abeyance. With respect to the Motion for Preliminary Injunction, upon consideration of the memoranda and oral arguments in support and opposition thereto, and for the reasons stated in the accompanying Memorandum Opinion, the motion shall be granted. With respect to the Motion to Hold Proceedings in Abeyance, the defendants made the motion on the grounds that a bill, then pending in the legislature, would render this action moot. The action of the legislature did not render this action moot; hence the defendants' motion shall be denied. Accordingly, it is this day

ADJUDGED AND ORDERED

as follows:

(1) The plaintiffs' Motion for Preliminary Injunction shall be, and hereby is, GRANTED.

(2) The defendants' Motion to Hold Proceedings in Abeyance shall be, and hereby is, DENIED.

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The Clerk of the Court hereby is directed to send a certified copy of this Order, and the accompanying Memorandum Opinion to all counsel or record.

ENTERED:

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Senior United States District Judge

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Date