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AMERICAN CIVIL LIBERTIES UNION v. JOHNSON

No. 98-2199.

194 F.3d 1149 (1999)

AMERICAN CIVIL LIBERTIES UNION; Mark Amerika Of Alt-X; Art on the Net; Feminist.Com; Full Circle Books; Obgyn.Net; Santa Fe Online; Sexual Health Institute; Stop Prisoner Rape; Jeff Walsh of Oasis Magazine; American Booksellers Foundation for Free Expression; Association of American Publishers, Inc.; Electronic Frontier Foundation; The Freedom to Read Foundation; International Periodical Distributors Association, Inc.; New Mexico Library Association; Pen American Center; Periodical and Book Association of America; Publishers Marketing Association; Recording Industry Association of America, Inc., Plaintiffs—Appellees, v. Gary JOHNSON, in his official capacity as Governor of the State of New Mexico; Patricia A. Madrid, in her official capacity as Attorney General of the State of New Mexico, Defendants— Appellants.

United States Court of Appeals, Tenth Circuit.

November 2, 1999.

Attorney(s) appearing for the Case

John H. Clough, Assistant Attorney General (Tom Udall, Attorney General, Patricia A. Madrid, Attorney General, and Steven L. Bunch, Assistant Attorney General, with him on the briefs), Santa Fe, New Mexico, for Defendants— Appellants.

Ann Beeson, American Civil Liberties Union Foundation, New York, New York (Christopher A. Hansen, American Civil Liberties Union Foundation, New York, New York, Philip B. Davis, American Civil Liberties Union of New Mexico, Albuquerque, New Mexico, and Michael A. Bamberger, Sonnenschein, Nath & Rosenthal, New York, New York, with her on the brief), for Plaintiffs—Appellees.

Before ANDERSON and BRISCOE, Circuit Judges, and KIMBALL, District Judge.

STEPHEN H. ANDERSON, Circuit Judge.

Defendants appeal from the grant of a preliminary injunction enjoining the enforcement of a New Mexico statute, N.M. Stat. Ann. § 30-37-3.2(A), which criminalizes the dissemination by computer of material that is harmful to minors. The district court concluded that plaintiffs, the American Civil Liberties Union ("ACLU") and various organizations and entities which communicate on the Internet, had demonstrated that they were...

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