New Mexico Cyber-Censorship Law Draws Challenge

A total of 20 plaintiffs, including the American Civil Liberties Union, filed suit (www.aclu.org/court/acluvjohnson_complaint.html) in federal district court to challenge a new New Mexico law that makes illegal any expression of nudity or sexual conduct online. Violators may be jailed for up to one year and fined up to $1,000. \n The suit alleges that the law, signed on March 9 by Gov. Gary Johnson, violates freedom of speech rights as well as the commerce clause of the Constitution. \n The ACLU argues in the suit that the law is a state statute that affects Internet speakers in other states. The commerce clause bars a state from regulating activity outside its borders. The ACLU argument is similar to one it used successfully against an Internet censorship law in New York (www.aclu.org/news/nycdahome.html). \n "New Mexico's law violates the commerce clause because it would require an Oklahoman who posts a web page or a message to abide by New Mexico standards, even if no one from New Mexico ever sees the page or reads the post," said ACLU national staff attorney Ann Beeson (www.aclu.org/about/staff/beeson.html). \n The suit states that the law "will reduce the adult population in cyberspace to reading and communicating only material that is suitable for young children." \n The 20 plaintiffs (www.aclu.org/issues/cyber/censor/newmexico.html#plaintiff) said the law would subject them to jail or fines for providing information on many topics, including women's health, art, literature, safer sex, gay and lesbian issues and free speech itself. One plaintiff, OBGYN.net, which deals with women's health issues, offers explicit discussion of sexual conduct and the female body. Among 1,600 messages posted to the site in March were questions about bleeding after sexual intercourse and condom breakage. \n Another plaintiff, Full Circle Books in Albuquerque (kumo.swcp.com/fcb/index.html), has a website that offers for sale books on sexual abuse, lesbian romance and domestic violence. Another plaintiff, Mark Amerika of Alt-X (www.altx.com/amerika.online), is a virtual artist. \n Other plaintiffs include Feminist.com, Association of American Publishers, Electronic Frontier Foundation, Publishers Marketing Association and the Recording Industry Association of America. \n In the last three years, 25 states have considered or passed laws to censor the Internet (www.aclu.org/issues/cyber/censor/stbills.html). Despite the popularity of the measures, they have a poor track record of standing up in court. In addition to the law that was overturned in New York, similar statutes were nullified in Georgia and Virginia.