Judge backs blocking of e-mail flood
The action was taken to protect the Capitol's system, he rulesBy Denny Walsh -- Bee Staff Writer
Published 2:15 a.m. PDT Wednesday, April 7, 2004
A Sacramento federal judge has found that blocking an overwhelming number of electronic messages to state lawmakers is an acceptable means of combating a potential breakdown of the Legislature's e-mail system.
While the constitutional guarantee of free speech extends to the Internet, reasonable restrictions may be imposed as long as they are not content-based, serve a significant government interest and leave other communication channels open, U.S. Magistrate Judge John F. Moulds ruled.
In an order issued last month, Moulds tossed out an anti-tax group's lawsuit seeking monetary damages and an injunction because a legislative employee blocked delivery of tens of thousands of e-mails sent to the Capitol over a three-day period.
Campaign for California Families, a conservative, Sacramento-based nonprofit organization behind the flood of messages, sued the state and the Legislature, claiming violations of the due process and First Amendment rights of citizens wishing to express opposition to new taxes.
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