1996-02-22
Craig A. Johnson
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On Tuesday, the ACLU met "in chambers" with the government and the
three-judge panel that will determine the Motion for Preliminary
Injunction. No firm conclusions or plans were reached.
However, the ACLU is working to obtain a written stipulation from
the government that they will not initiate investigations or begin
prosecutions under Section 223(d) (the "patently offensive"
provision) while the three-judge panel considers and decides the
Motion for Preliminary Injunction. (The ACLU previously btained a Temporary
Restraining Order as to Section 223(a) (the
"indecency" provision), so the government cannot begin prosecutions
under that section.)
If the ACLU can reach an agreeable stipulation with the government, the
court has tentatively scheduled the trial for the following dates: 3/21,
3/22, 4/1, 4/11, and 4/12.
All three judges will hear the testimony and evidence at the preliminary
injunction hearing. (The judges are Judge Sloviter, Chief Judge of the
U.S. Court of Appeals for the Third Circuit; Judge Dalzell, District Court
Judge of the Eastern District of Pennsylvania; and Judge Buckwalter,
District Court Judge of the Eastern District of Pennsylvania.)
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