Media Wants It Both Ways at Net Porn Trial

Jan 21 1999

You expect members of the press to be proud card-carrying members of the ACLU. But you don't expect them to entangle that very same ACLU in a courtroom over a freedom of information claim - and during a case pertaining to free speech on the Internet. But that's what happened in a hearing deciding the legality of the new antismut law, dubbed CDA II. The ACLU, along with some Web sites and media organizations, is suing the government to overturn the law, but some outlets want parts of the proceedings closed to the public to protect "trade secrets" that include financial information and Web site viewership. Wired's Declan McCullagh focused on the media circus in court, with a group of outlets asking the court to keep the testimony open, while others aligned with the plaintiffs , Ziff, MSNBC).

McCullagh takes the episode to its unnatural conclusion, asking for comments from MSNBC reporter Brock Meeks and rival news orgs like CNET and Ziff. He describes a chaotic scene, with "frazzled editors and media lawyers trying to determine what side their company would choose." The CyberTimes' Pamela Mendels said the ACLU call for closed hearings was "a paradoxical turn of events" and that some reporters were calling their pubs' legal departments to push for an open court even though their publications had asked for closed proceedings earlier. Mendels, as well as the San Jose Mercury News' David Wilson, gave details on early testimony in the hearing, with Wilson giving a deep background on the case and the CDA precedent.

The Media's Dangerous Liaisons
Wired News

Internet Smut Law Enters Court, With a Snag
New York Times

Net Porn Battle Renewed in Court
Mercury Center