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2466

Injunction—Communications Decency Act

In the United States District Court for the Eastern District of Pennsylvania

Civ. A. No. 96-0963

American Civil Liberties Union, et al.,

Plaintiffs.

v.

Janet Reno, in her official capacity as Attorney General of the United States.

Defendant.

Civ. A. No. 96-1458

American Library Association, Inc., et al.,

Plaintiffs.

v.

United States Department of Justice, et al.,

Defendants.

FINAL ORDER

AND NOW this 30th day of July, 1997, upon consideration of the parties' views as to the need for further proceedings in this case, and in light of the Supreme Court's opinion of June 26, 1997, which affirmed this Court's entry of a preliminary injunction by Order filed June 12, 1996, as clarified by the Court's Order filed June 28, 1996, it is hereby ORDERED that:

  1. Defendants, Attorney General Janet Reno and the Department of Justice, and all acting under the Attorney General's direction and control, are PERMANENTLY ENJOINED from enforcing, prosecuting, investigating, or reviewing any matter premised upon:

    1. Section 223(a)(1)(B) of the Communications Decency Act of 1996 ("the CDA"), Pub. L. No. 104-104, § 502, 110 Stat. 133, 133-136, 47 U.S.C. § 223(a)(1)(B), to the extent it relates to "indecent" communications; and

    2. Section 223(a)(2), 47 U.S.C. § 223(a)(2), only with respect to the prohibited activities specified in Section 223(a)(1)(B) as they relate to "indecent" communications; and

    3. Sections 223(d)(1) and 223(d)(2) of the CDA, 47 U.S.C. §§  223(d)(1) and 223(d)(2).

  2. Defendants are not enjoined from enforcing, prosecuting, investigating, or reviewing allegations of violations of Section 223(a)(1)(B) based upon prohibited obscenity or child pornography, or Section 223(a)(2) based upon: (i) prohibited activities specified in Sections 223(a)(1)(A),(C),(D), or (E); or (ii) prohibited obscenity or child pornography activities as specified in Section 223(a)(1)(B).

BY THE COURT:

Dolores K. Sloviter, C.J.
U.S. Court of Appeals for the Third Circuit

Ronald L. Buckwalter, J.
United States District Court

Stewart Dalzell, J.
United States District Court

[cited in Criminal Resource Manual 2465]