RE: Important First Amendment Case

Tom Coffin (
Thu, 26 Mar 1998 09:09:15 -0600 (CST)

I wonder if we can make a living doing this :)

go for it - knock down those barriers to freedom.

On Wed, 25 Mar 1998, Walt & Kendra Davis wrote:

> YES!
> Kendra K Davis
> ----------
> From: Lile Elam[]
> Sent: Wednesday, March 25, 1998 2:05 PM
> To:
> Cc:
> Subject: Important First Amendment Case
> Hi fellow artists,
> I just received a note from Ann Beeson of the ACLU and she
> informed me that the state of New Mexico has just passed a law
> that is almost identical to the New York law we successfully
> challenged and defeated last year. This NW law is also very
> similar to Federal CDA that was overturned.
> The NM law, which will become effective July 1, 1998, makes it
> a crime to use the Internet to engage in any communication that
> "depicts actual or simulated nudity, sexual intercourse or any
> other sexual conduct." This language is even broader than the
> "indecency" and "harmful to minors" laws struck down in the CDA
> case and in _ALA v. Pataki_ (NY CDA Case), because there is no
> requirement that the communication be "offensive" or "lack serious
> value." So *any* nudity -- including Michelangelo's David or a
> description of sexual conduct in a medical text -- is criminal
> if communicated on the Internet and accessible in New Mexico.
> Here on Art on the Net (, we do have artists that work
> with the nude figure and we have written works that depict sexual
> related topics (ie. in the poets section). So our site would be
> constricted by this new CDA law in New Mexico which in turn, could
> constrict the freedom of speech that artists enjoy here on
> The ACLU is planning on filing the challenge to the New Mexico law in
> federal court in Albuquerque next month. Because our site once again
> has a considerable content that is at risk under the law, Ann feels
> that we would be an especially valuable plaintiff for the case
> (just as we were in the NY CDA case which we won).
> I would like to have our site, Art on the Net ( join this
> challenge as this law threatens the existance of our site. I hope
> that you will all join with me in saying "yes" to Ann's request at
> being a plaintiff to this challenge. If anyone feels otherwise,
> please let me know.
> And please let me know if anyone has any questions.
> Freedom is not "free". We have to continue to fight for it and
> protect it to keep it.
> thanks,
> -lile
> (a
> Founder of Art on the Net (