IP: HIGH COURT UPHOLDS LAW BANNING 'OBSCENE' E-MAIL

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

The Supreme Court ruled yesterday that a provision of the 
Communications Decency Act of 1996 outlawing the distribution of 
indecent e-mail for the purpose of harassing other people does 
not violate free-speech rights. The law applies to e-mail that is 
"obscene, lewd, lascivious, filthy, or indecent with intent to 
annoy, abuse, threaten, or harass another person." ApolloMedia, 
developer of the annoy.com Web site, had challenged the law as an 
infringement of free speech. Annoy.com allows users to send 
anonymous communications to public officials. The Supreme Court 
justices backed a lower court's ruling that the provision applies 
only to "obscenity." ApolloMedia had argued that terms of the 
provision extend beyond obscenity and leave the company open to 
being criminally prosecuted because its communications could be 
judged indecent by some. (Washington Post 04/20/99)