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AMERICAN INFORMATION ENTERPRISES v. THORNBURGH

No. 90 Civ. 1719 (RPP).

742 F.Supp. 1255 (1990)

AMERICAN INFORMATION ENTERPRISES, INC.; Dial Information Services, Corp. of New York; Fabulous Associates, Inc.; Source Communications, Inc.; and Tele-Pro Communications Corp., Plaintiffs, v. Richard L. THORNBURGH, Attorney General of the United States, Defendant.

United States District Court, S.D. New York.

August 13, 1990.

Attorney(s) appearing for the Case

Otto Obermaier, U.S. Atty., S.D.N.Y., Nancy Kilson, Jed Rubenfeld, New York City, for the Government.

Seham, Klein & Zelman, Joel R. Dichter, Roger H. Briton, James A. Brown, New York City, for plaintiffs.

New York Civil Liberties Union, Steven L. Glauberman, Norman Siegel, Arthur Eisenberg, Leavy, Rosenweig & Hyman, Steven Hyman, Lankanau & Bickford, Elizabeth McNamara, LAMBDA Legal Defense and Educ. Fund, Inc., Evan Wolfson, New York City, for New York Civil Liberties Union, VV Pub., Inc., and LAMDA Legal Defense and Educ. Fund, Inc., appearing as Amicus Curiae.

OPINION AND ORDER

ROBERT P. PATTERSON, Jr., District Judge.

Plaintiffs move, pursuant to Federal Rule of Civil Procedure 65(a), for a preliminary injunction enjoining the enforcement of that portion of the 1989 amendment to the Communications Act of 1934, 47 U.S.C. §§ 223(b) and (c) ("the Helms Amendment"), which regulates the communication of "indecent" speech over the telephone. Plaintiffs, who refer to themselves as "information providers" ...

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