CLEAR VIOLATION OF FREE SPEECH - LEAHY MOVES TO REPEAL INTERNET CENSORSHIP ACT

February 9, 1996

WASHINGTON, DC--Senator Patrick Leahy moved Friday to repeal the Communications Decency Act--the section of the Telecommunications Act that levels criminal penalties against individuals who use "indecent" language or discuss matters over the Internet that may be deemed "indecent" by some prosecutors. Leahy said the new law, already the subject of a nationwide protest by computer operators and consumer groups, is "blatantly unconstitutional."

Leahy , a former prosecutor, says present criminal law already gives the government authority to move against such activity over the computer networks -- and that the penalties for such practice were increased by Congress less than a year ago.

"We have to be vigilant in enforcing the laws we have on the books to protect out children from obscenity, child pornography and sexual exploitation," Leahy said.

Leahy, who fought to kill attempts by Congress to censor the Internet during debate on the Telecommunications Act said Friday that "it is a well meaning, but unconstitutional prohibition of free speech that would impose far-reaching federal crimes on Americans for exercising their free speech rights online."

The Decency Act won support from majorities in both Houses on the strength of arguments that it is necessary to prosecute child pornographers, purveyors of obscene materials and child sex molesters who post materials on the Internet.

"I've successfully prosecuted child abuse cases myself in the past," Leahy said.

Leahy said the new law will throw a broader net over the Internet by allowing prosecutors in different parts of the country to act on their own definition of what is indecent.

"The Communication Decency Act will trample the free speech rights of all Americans," Leahy warned. He said that everything from chat rooms to private e-mail exchanges, are at risk of violating this new criminal law--even exchanges between consenting adults.

Posting of messages dealing with birth control or protections against the spread of AIDS could disappear from the Internet, Leahy argued, for hospitals and public health officials would be wary of the appearance of indecency to some local prosecutor.

Leahy has joined the national computer protest of the law by "blacking out" his own Internet home page during the 48-hour duration of the protest of the new Indecency law.

"But Americans should be taking the high road to protect the future of our home-grown Internet, and not follow the example of Germany or China," Leahy said, pointing at two countries that have attempted to limit access to the net.

Leahy said he was introducing his bill to repeal the Communications Decency Act to get "this new unconstitutional law off the books as soon as possible."

"We shouldn't wait for the courts remind us that the principles of the First Amendment are still the law of the land."