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FOR IMMEDIATE RELEASE
For Immediate Release
Contact: Paula Bruening
(202) 637-9800
pbruening@cdt.org
Thursday, November 8, 2001 ‚ In a victory for free expression and an open Internet, Judge Jeremy Fogel of the US District Court for the Northern District of California yesterday ruled that a French court order requiring Yahoo! to restrict content on Yahoo.com violates the First Amendment. The case, Yahoo! Inc v. LICRA, centers on a dispute over Yahoo!-hosted auctions featuring Nazi memorabilia. The Court said that the French court order barring such auctions on Yahoo's US-based site would not be enforced.
Jerry Berman, CDT's Executive Director, applauded the result. "We are extremely pleased with the Court's decision. The Court based its decision on the First Amendment implications of the French court ruling. The U.S. court's refusal to enforce an unconstitutional French law here in the U.S. sets an important precedent for the preservation of free speech and the open Internet."
CDT filed a "friend of the court" brief in support of Yahoo!, joined by the American Association of Publishers, the Freedom to Read Foundation, the American Civil Liberties Union, Human Rights Watch, People for the American Way, the Society of Professional Journalists, and others. The brief argued strongly that enforcement of the French law by an American court would have grave First Amendment consequences.
"This ruling is a major victory for free expression and commerce online," said Alan Davidson, Associate Director of CDT. "The Court has sent a powerful worldwide message: Those countries that would seek to punish people simply for publishing a web site will not have their rulings enforceable in the United States. This is a very clear signal to countries around the world."
The Center for Democracy & Technology, a non-profit organization, is dedicated to developing public policy solutions that advance civil liberties and democratic values in the new computer and communications media.
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The Center For Democracy & Technology |