AMERICAN LIBRARY ASS'N v. RENO

No. 92-5271.

33 F.3d 78 (1994)

AMERICAN LIBRARY ASSOCIATION, et al., Appellees, v. Janet RENO, Attorney General of the United States; Department of Justice, Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided September 20, 1994.


Attorney(s) appearing for the Case

Jacob M. Lewis, Atty., U.S. Dept. of Justice, with whom Eric H. Holder, Jr., U.S. Atty., and Barbara L. Herwig, Atty., U.S. Dept. of Justice, Washington, DC, were on the briefs, for appellants. Vincent M. Garvey and Thomas H. Peebles, Attys., U.S. Dept. of Justice, Washington, DC, entered appearances for appellants.

David W. Ogden, with whom Bruce J. Ennis, Ann M. Kappler, and Maureen F. Del Duca, Washington, DC, were on the brief, for appellees.

Len L. Munsil, Phoenix, AZ, was on the brief for amici curiae Nat. Family Legal Foundation. Marjorie Heins, New York City, Arthur B. Spitzer, John I. Stewart, Jr., and William D. Wallace, Washington, DC, were on the brief for amici curiae American Civil Liberties Union, et al.

Before BUCKLEY and WILLIAMS, Circuit Judges, and JOHN W. REYNOLDS, District Judge for the Eastern District of Wisconsin.


Opinion for the court filed by Circuit Judge BUCKLEY.

Dissenting opinion filed by District Judge JOHN W. REYNOLDS.

BUCKLEY, Circuit Judge:

The district court has sustained appellees'** First Amendment challenge to the Child Protection and Obscenity Enforcement Act of 1988, as amended, and its implementing regulations. These require producers of materials depicting sexually explicit...

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