IP: odds on cda ii

[Dave Farber <farber@cis.upenn.edu>]

[Kai Lui is a lawyer and a new subscriber to IP. I asked him for his opinion of the odds of CDA II being stuck down and got his reading. Others are welcome :-)  djf]


From: "Kai Lui" <kai@infohouse.com>
To: Dave Farber <farber@cis.upenn.edu>

From: Dave Farber <farber@cis.upenn.edu>

> You giving odds on CDA II

I think CDA II's chances of being upheld on appeal is considerately greater
than its predecessor's. While most people correctly predicted that CDA would
be declared unconstitutional for vagueness and overbreadth, Congress has
defined "harmful to minors" in CDA II to coincide with the Supreme Court's
definition of obscene materials, which, of course, enjoys no First Amendment
protection.

But you never know with the Supreme Court. As the late Justice Brennan
stated: "With 5 votes, we can do anything."

Kai Lui
<mailto:kai@infohouse.com>