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Online Free Speech
VICTORY! On July 22, 2008, a federal appeals court ruled that the Child Online Protection Act (COPA) violates the constitutional right to free speech. This challenge to Internet censorship in ACLU v. Gonzales (originally ACLU v. Reno, then ACLU v. Ashcroft) began in October 2006. The law threatened draconian criminal sanctions, with penalties of up to $50,000 per day and up to six months imprisonment, for sites presenting online material acknowledged as valuable for adults but judged "harmful to minors." Clients included a broad coalition of writers, artists and health educators with a diverse Web presence. Learn More >>
> Federal Court Once Again Upholds Ban On Unconstitutional Internet Censorship Law (7/22/2008)
> Blog: Court Strikes Down Internet Censorship Law
Defend the Internet: Protect Net Neutrality
Net Neutrality ensures that Internet users, not a corporations, choose how they access and use the Internet. Until recently, the FCC protected Net Neutrality, prohibiting telephone companies and network owners from discriminating against websites and other Internet services. But FCC protection was lost in 2005, when the Supreme Court ruled, in NCTA v. Brand X, that network owners were free to control the content that passed across its network. The ACLU is fighting to reestablish Net Neutrality protections in Congress. Learn More >>
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Press Releases
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Court Upholds Privacy Advocate's Right to Post Public Records on Website (08/22/2008) Richmond, VA - Federal Court Judge Robert E. Payne today ruled that Virginia's new law prohibiting the publication of Social Security Numbers, including those taken from government websites available to the public, is unconstitutional as applied to the website of privacy rights advocate B.J. Ostergren.
ACLU Calls FCC Penalty Against Comcast a Step Forward Toward Net Freedom (08/01/2008) Washington, DC – Today the Federal Communications Commission is expected to penalize Comcast for violating the FCC’s principles to ensure open access to the Internet.
Federal Court Once Again Upholds Ban On Unconstitutional Internet Censorship Law (07/22/2008) PHILADELPHIA - In a clear victory for free speech today, a federal court once again upheld a ban on a law that would criminalize constitutionally protected speech on the Internet. The American Civil Liberties Union challenged the unconstitutional Child Online Protection Act (COPA) on behalf of a broad coalition of writers, artists and health educators who use the internet to communicate constitutionally protected speech.
ACLU Urges Court To Uphold Ban On Unconstitutional Censorship Law (06/10/2008) PHILADELPHIA - The American Civil Liberties Union is in court today, once again urging the courts to uphold a ban on a law that criminalizes constitutionally protected speech on the Internet. The Child Online Protection Act (COPA) would impose draconian criminal sanctions, with penalties of up to $50,000 per day and up to six months imprisonment, for online material acknowledged as protected for adults but deemed "harmful to minors."
ACLU Skeptical of Senate Report on "Homegrown" Terrorism (05/08/2008) Washington, DC – After Senators Joseph Lieberman (I-CT) and Susan Collins (R-ME) introduced a report on Islamic homegrown terrorism today, the American Civil Liberties Union strongly urged Congress to use caution when moving forward on related legislation, the Violent Radicalization and Homegrown Terrorism Prevention Act of 2007 (S. 1959). The report, "Violent Islamist Extremism, the Internet, and the Homegrown Terrorism Threat," is based on findings from hearings held by the Senate Committee on Homeland Security and Governmental Affairs. The ACLU and nearly twenty other groups sent a memo to the committee outlining concerns with the report, most notably the free speech implications of labeling the internet as a "weapon" and the unfair singling out of one religious group as possible "extremists."
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Free Speech
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Legal Documents
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ACLU v. Mukasey - Opinion of the Court (07/22/2008)
ACLU v. Gonzales - Brief for the Appellees (10/22/2007) ACLU opposition brief in response to the government's appeal to the 3rd Circuit Court of Appeals.
ACLU v. Gonzales - Brief for the Appellant (09/17/2007) The government's appeal brief to the Third Circuit Court of Appeals.
United States v. Forrester - ACLU Amicus Brief (08/29/2007)
ACLU v Gonzales COPA Decision (03/22/2007) ACLU v Gonzales COPA Decision
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Legislative Documents
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ACLU Comments to FCC Re: Service Rules for Advanced Wireless Services in the 2155-2175 MHz Band and Service Rules for Advanced Wireless Services in the 1915-1920 MHz, 1995-2000 MHz, 2020-2025 MHz and 2175-2180 MHz Bands (07/28/2008) The ACLU supports making broadband services more accessible to the public through universal access and expansion of the broadcast spectrum, including efforts to develop the vast unused portions of the wireless spectrum. The Commission should ensure that any licenses granted to utilize that spectrum, including the 2155-2175 MHz 1915-1920 MHz, 1995-2000 MHz, 2020-2025 MHz and 2175-2180 MHz bands that are the subject of the proposed rules in these matters, guarantee users access to the lawful Internet content of their choice, using applications and services of their choice. At the same time, the Commission should decline to impose unconstitutional conditions on license applications, such as a requirement for so-called “family friendly” filters that would censor lawful content.
ACLU, TLP, and ACLU of PA Comments Before FCC Re: Hearing on Broadband and the Digital Future (07/21/2008) The ACLU, Technology and Liberty Project of the ACLU, and the ACLU of Pennsylvania have been principal participants in many of the important Internet censorship and neutrality cases decided by the United States Supreme Court in the past two decades, including Reno v. ACLU, Ashcroft v. ACLU, Ashcroft v. Free Speech Coalition, and the Brand X decision, in which the Court held that cable companies providing broadband Internet access were “information service providers” for purposes of regulation by the FCC under the Communications Act. The ACLU of Pennsylvania was co-counsel in two of the leading Internet decisions, Reno v. ACLU and Ashcroft v. ACLU. Last year, the ACLU of Pennsylvania obtained relief in the Ashcroft litigation that permanently enjoined the Child Online Protection Act (“COPA”).
ACLU Comments to FCC Regarding Service Rules for Advanced Wireless Services in the 2155-2175 MHz Band (06/05/2008) The ACLU supports making broadband services more accessible to the public through universal access and expansion of the broadcast spectrum, including efforts to develop the vast unused portions of the wireless spectrum. The Commission should ensure that any licenses granted to utilize that spectrum, including the 2155-2175 MHz band that is the subject of the Petition in this matter, guarantee users access to the lawful Internet content of their choice, using applications and services of their choice. At the same time, the Commission should decline to impose unconstitutional conditions on license applications, such as a requirement for so-called "family friendly" filters that would censor lawful content.
Coalition Memo to the Senate Committee on Homeland Security and Governmental Affairs Regarding "Homegrown Terrorism" (05/07/2008)
ACLU Comments to FCC Regarding Net Neutrality (03/14/2008)
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Resources
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Online Free Speech - Exhibits (11/20/2006) Some exhibits used in the ACLU's closing arguments, November 20, 2006
Online Free Speech - Trial Transcripts (10/23/2006)
Online Free Speech - Client, Joan Walsh (10/20/2006)
ACLU Defends Free Speech Online (10/20/2006)
Online Free Speech - Client, Aaron Peckham (10/20/2006)
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Free Speech
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Internet Censorship
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Fact Sheets
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ACLU & Youth: Why We Need Net Neutrality Protections (10/23/2006)
Net Neutrality: Myths and Facts (09/22/2006)
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