Communications Decency Act (CDA) Lawsuit ruling. [Nitke vs Ashcroft]

Snip:
"July 26, 2005 - New York, NY - A three judge panel has made a decision in the National Coalition for Sexual Freedom and acclaimed photographer Barbara Nitke's challenge against the Communications Decency Act (CDA) which criminalizes free speech on the Internet. According to the court, the plaintiffs presented "insufficient evidence" to support findings that the variation in community standards is substantial enough that protected speech is inhibited by the CDA."


'The plaintiffs have submitted images and written works that represent material posted to a small number of Websites, that they contend may be considered obscene in some communities but not in others. These examples provide us with an insufficient basis upon which to make a finding as to the total amount of speech that is protected in some communities but that is prohibited by the CDA because it is obscene in other communities."

The court agreed that NCSF members and Barbara Nitke are genuinely at risk of prosecution under the CDA and that their speech has in fact been inhibited. According to the decision: "Nitke's fear that the CDA will be enforced against her is actual and well-founded. She has submitted objective evidence to substantiate the claim that she has been deterred from exercising her free-speech rights, and this fear is based on a reasonable interpretation of the CDA... NCSF has submitted objective evidence that one of its member organizations, TES, has been deterred from exercising its free-speech rights and that this deterrence is based on a well- founded fear that the CDA would be enforced against it."

The rest can be found at http://www.ncsfreedom.org/news/2005/072605CDARoundOne.htm

note:

Even though the court said there was uncontested evidence that inappropriate charges could be filed, and had been against one of the other orginizations being represented, it was still alright for the governement to press charges against individuals and groups over content posted on the internet if it did not meet the community decency standards of the viewer.

Pretty much it means if you put up a how to do karma sutra website. And someone in the middle of Kansas visits it and is offended they can get the government to press charges against you.

1) Find a small town of like-minded individuals.

2) Pass an ordinance that displays of torture are illegal.

3) Prosecute a Catholic website for violating your town's decency standards by displaying an image of Jesus being crucified.

anything posted on the internet that any little asshole DA anywhere in the nation pulling for votes by showing how tough on obscenity he is can prosecute anyone, anywhere in the US (maybe they'll even try world).

this is royally fucked, we are all screwed. Free speech is dead today.

EVERYONE MOVE your sites to off-shore non-US jurisdiction web-hosting.

I'm looking for a trustworthy host that has good tech help.

http://www.zentek-international.com/
http://www.spirit-international.net/

google "offshore web hosting"

another idea, setup a special bank account for this, you'll be paying via international bank draft. ask them what currency they want paid in and what account and swift numbers to transfer the payment too. look for an american bank with good online banking software that will let you initiate the funds transfers from a web site. keep the payment account balance low and transfer into it only enough money to pay the bills with. that way if something bad happens you won't have your real account exposed. Shouldn't be too hard otherwise.

or maybe you could pay with Visa gift-card numbers.

Does this apply nationwide? Or I guess it can be used as precedence? Not really sure how this works...

Either way, another slash at free speech.

It was brough forth in NY courts, but it was against the fedral law, to cite the law itself as unconstutional. So it means the law is still valid in the entire country.

One more chink in the armor of free speech.

On the upside, think of all the tourist dollars that are generated as the gov't brings charges in Kansas, Utah, and Cincinnati Ohio :sarcasm: