Re: CDA unconstitutional
Jeff Kuester (kuester@kuesterlaw.com)
Thu, 13 Jun 1996 14:24:46 -0400 (EDT)
Date: Thu, 13 Jun 1996 14:24:46 -0400 (EDT)
Message-Id: <199606131824.OAA24029@foyer.homecom.com>
From: Jeff Kuester <kuester@kuesterlaw.com>
Subject: Re: CDA unconstitutional
At 08:45 PM 6/12/96 -0400, you wrote:
>Not an ethics issue, but the CDA was ruled unconstitutional. Check out
><http://www.eff.org/>.
Well, maybe not. The judges sided against the government, granting "at least
as much protection" as print media. "As the most participatory form of mass
speech yet developed, the Internet deserves the highest protection from
governmental intrusion," the judges wrote. "Cutting through the acronyms
and argot that littered hearing testimony, the Internet may fairly be
regarded as a never-ending worldwide conversation. The Government may not,
through the CDA, interrupt that conversation," Judge Steward Dalzell wrote
in his opinion.
Since the attorney advertising issue is essentially a free speech issue in
some respects, the Internet has now been awarded protection which may even
extend beyond print media. This can be coupled with other parts of the
decision which make it clear that one does not normally "stumble" on to
information on the Internet like watching TV or listening to the radio, so
the receiving audience is also different from traditional electronic media.
This arguably makes the likelihood of deception and fraud lower.
jk
Jeffrey R. Kuester, Esq. Patent, Copyright, & Trademark Law
6445 Powers Ferry Road, Suite 230, Atlanta, Georgia 30339
Ph (770) 951-2623 Fax (770) 612-9713
E-mail: kuester@kuesterlaw.com
WWW: http://www.KUESTERLAW.com (The Technology Law Resource)
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