A case disputing the constitutionality of the "intent to annoy" provision of the Communications Decency Act has been postponed by a federal District Court in California pending a ruling by the US Supreme Court on the law as a whole.
ApolloMedia filed a suit against the government in January when it launched the in-your-face political Web site annoy.com. The company objects to Section 502 of the CDA, which criminalizes the electronic transmission of "any comment, request, suggestion, proposal, image, or other communication which is obscene, lewd, lascivious, filthy, or indecent with intent to annoy ... another person."
A three-judge panel in the US District Court of Northern California issued a preliminary injunction Tuesday that prohibits the Department of Justice from investigating or prosecuting annoy.com under the CDA until the Supreme Court rules on the law. That decision is expected in June or July.
Annoy.com is designed with the intent to annoy in every way possible. For example, visitors to the site can send arguably lewd and lascivious emails to public figures such as fundamentalist Christian/GOP activist Pat Robertson and Senator Jesse Helms. Annoy.com also offers electronic postcards with slogans such as, "Keep your hands off my fucking gun."
