Free Speech on the Internet: Beyond 'Indecency'
ROBERT O'NEIL University of Virginia School of Law
Perhaps most troubling are two recent district court cases now on appeal -- a judgment in San Francisco sustaining the "virtual child pornography" provisions of the 1996 Hatch Bill, and one in Cleveland upholding the encryption export restrictions (in direct conflict with the earlier decision of a San Francisco federal judge broadly protective of cryptography).
While differences of various sorts exist between the favorable and unfavorable early returns, most striking is the careful preparation and documentation reflectd in cases filed by groups like the American Civil Liberties Union, the American Library Association, Electronic Frontier Foundation and others. Success in challenging future threats to speech in cyberspace will depend substantially on the strength and coordination of such efforts.
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