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SHEA ON BEHALF OF AMERICAN REPORTER v. RENO

No. 96 Civ. 0976 (DLC).

930 F.Supp. 916 (1996)

Joe SHEA, on behalf of The AMERICAN REPORTER, Plaintiff, v. Janet M. RENO, Attorney General of the United States of America, Defendant.

United States District Court, S.D. New York.

Decided July 29, 1996.

Attorney(s) appearing for the Case

Randall J. Boe, James K. Stronski, Jill R. Newman, Fabienne M. Clermont, Wayne H. Matelski, Arent Fox Kintner Plotkin & Kahn, New York City, and Washington, D.C., for plaintiff.

Mary Jo White, United States Attorney, William J. Hoffman, Marla Alhadeff, John McEnany, Assistant United States Attorneys, for defendant.

Cathleen A. Cleaver, Family Research Counsel; Bruce A. Taylor, Janet M. LaRue, National Law Center for Children and Families; Paul J. McGeady, Robert W. Peters, of counsel, for amici curiae National Law Center for Children and Families, Family Research Council, "Enough Is Enough!" Campaign, National Coalition for the Protection of Children & Families, and Morality in Media.

Before: CABRANES, Circuit Judge, SAND and COTE, District Judges.

Jośe A. CABRANES, Circuit Judge:

The plaintiff, an editor, publisher, and part-owner of a newspaper distributed exclusively through electronic means, brings this First Amendment challenge to § 223(d) of the Communications Decency Act of 1996 ("CDA") criminalizing the use of interactive computer services to display "patently offensive" sexually explicit material such that it is available to persons under the...

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