NITKE v. GONZALES

No. 01 Civ.11476 RMB.

413 F.Supp.2d 262 (2005)

Barbara NITKE and the NATIONAL COALITION FOR SEXUAL FREEDOM, Plaintiffs, v. Alberto R. GONZALES, Attorney General of the United States of America and the United States of America, Defendants.

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

July 25, 2005


Attorney(s) appearing for the Case

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

Benjamin H. Torrance, Assistant United States Attorney (David N. Kelley, United States Attorney for the Southern District of New York, Andrew W. Schilling, and Beth Goldman, Assistant United States Attorneys), New York, NY, for defendants, of counsel.

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


FINDINGS OF FACT AND CONCLUSIONS OF LAW

PER CURIAM.

Plaintiffs Barbara Nitke and the National Coalition for Sexual Freedom1 challenge the constitutionality of the Communications Decency Act of 1996(CDA), enacted as title V of the Telecommunications Act of 1996, Pub.L. No. 104-104, 110 Stat. 133 (amending and codified at scattered sections of 47 U.S.C.). The CDA's obscenity...

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