The ACLU, the American Library Association, Panix, Echo, and 10 other plaintiffs filed a lawsuit against New York state in federal court Tuesday, charging that a recently passed state law criminalizing indecent content on the Internet is unconstitutional.
"Information available on the Internet is not demarcated by states, so states should not have the authority to control its content," said Nancy Kranich, an executive board member of the ALA and associate dean of the New York University library. "Under this law, anyone posting information online that New York state deems inappropriate could be held liable."
The New York law, which amends the state penal code and was signed by Gov. George Pataki in September, has been compared to the federal Communications Decency Act now before the Supreme Court. The New York state law prohibits distribution of text and images that is "harmful to minors," and is punishable by up to seven years in prison.
The coalition, which filed ALA v. Pataki in the Southern District of New York, is asking for a permanent injunction of the state law, arguing that it's a violation of interstate commerce laws.
The coalition of plaintiffs is planning a fund-raiser on 21 February in New York City.
