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NITKE v. ASHCROFT

No. 01 CIV. 11476(RMB).

253 F.Supp.2d 587 (2003)

Barbara NITKE, the National Coalition for Sexual Freedom, and the National Coalition for Sexual Freedom Foundation, Plaintiffs, v. John ASHCROFT, Attorney General of the United States of America, and the United States of America, Defendants.

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

March 24, 2003.

Attorney(s) appearing for the Case

John Wirenius, Leeds, Morelli & Brown, P.C., Carle Place, NY, for plaintiffs.

Andrew W. Schilling, Assistant United States Attorney, New York City (James B. Comey, United States Attorney, of counsel), for defendants.

John H. Weston, Clyde DeWitt, Lawrence G. Walters, Weston, Garrou & De-Witt, Los Angeles, CA and Altamonte Springs, FL, Alan M. Abramson, Schuman Abramson Morak & Wolk, New York City, for amicus curiae First Amendment Lawyers Association.

ROBERT D. SACK, Circuit Judge, RICHARD M. BERMAN and GERARD E. LYNCH, District Judges.

OPINION AND ORDER

PER CURIAM.

Plaintiffs Barbara Nitke, the National Coalition for Sexual Freedom ("Coalition"), and the National Coalition for Sexual Freedom Foundation ("Foundation") bring this action to enjoin enforcement of the obscenity provisions of the Communications Decency Act ("CDA"), Section 502 of the Telecommunications Act of 1996, 47 U.S.C. § 223(a)(1)(B). Pursuant to Section 561 of that Act, id. § 223 note, and 28 U...

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