AMERICAN LIBRARY ASSOCIATION, et al., Appellants/Cross-Appellees,
v.
William P. BARR, Attorney General of the United States, et al., Appellees/Cross-Appellants.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued September 24, 1990.
Decided February 19, 1992.
Attorney(s) appearing for the Case
David W. Ogden, with whom Bruce J. Ennis and Ann M. Kappler, Washington, D.C., were on the brief, for appellants in No. 89-5232 and appellees in No. 89-5216.
Jacob M. Lewis, Atty., Dept. of Justice, with whom Stuart M. Gerson, Asst. Atty. Gen., Jay B. Stephens, U.S. Atty., and Barbara L. Herwig, Atty., Dept. of Justice, Washington, D.C., were on the brief, for appellees in No. 89-5216 and appellants in No. 89-5232.
R. Bruce Rich, New York City, was on the brief, for amicus curiae Ass'n of American Publishers, Inc., in No. 89-5216, urging that this court issue preliminary injunctive relief against enforcement of the use forfeiture provisions of sections 1467 and 2253 as adopted in the Child Protection and Obscenity Enforcement Act.
Charles B. Ruttenberg, James P. Mercurio and John T. Mitchell, Washington, D.C., were on the brief, for amicus curiae Video Software Dealers Ass'n in No. 89-5216 and 89-5232, urging that the relief sought by appellants in this action should be granted.
Robert T. Page, Denver, Colo., was on the brief, for amicus curiae American Sunbathing Ass'n, Inc. in both cases urging that the relief sought by the appellants, American Library Ass'n, et al., be granted.
James P. Mueller was on the brief, for amicus curiae Children's Legal Foundation in No. 89-5232, urging that the district court's decision invalidating the record-keeping provisions and the forfeiture provision, in part, of the Child Protection and Obscenity Enforcement Act should be reversed.
Before WALD and RANDOLPH, Circuit Judges, and THOMAS, Circuit Justice.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the court filed by Circuit Judge RANDOLPH.
Opinion, dissenting in part, filed by Circuit Judge WALD.
RANDOLPH, Circuit Judge:
The American Library Association, the Freedom to Read Foundation, the American Society of Magazine Editors, the American Society of Magazine Photographers, the Council for Periodical Distributors Associations, Inc., the International Periodical Distributors Association...
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