Wednesday, August 5, 1998 Publisher Urges Federal Court to Render Decision



Clinton D. Fein
President, ApolloMedia Corporation
Telephone: 415/552-7655
William Bennett Turner
Rogers, Joseph, O'Donnell & Quinn
Telephone: 415/956-2828


ApolloMedia Corporation Cites Three New Cases in Effort to Expedite Ruling.

August 5, 1998, San Francisco, California -- San Francisco based multimedia company, ApolloMedia Corporation has released new documents filed in their ongoing battle with the Department of Justice challenging the Communications Decency Act (CDA) provision that makes it a felony to communicate anything "indecent" online "with intent to annoy" another person.

ApolloMedia, publishers of the controversial web site, cited three recent cases that bear on their challenge - including Clinton v. City of New York, in which the court enforced the "expedited review" provision of the Line Item Veto Act. In this case, the court was unpersuaded by government attempts to defer determination of the constitutionality of the Act, much like the government has attempted in ApolloMedia v. Reno.

A special three-judge federal court heard ApolloMedia's lawsuit on October 20, 1997. To date, no decision has been handed down.

"The duration of the court's deliberations is, at the very least, perplexing," said Clinton Fein, ApolloMedia president. "Already the Senate has passed new legislation that is as legally inept and chillingly disturbing as the CDA. The thought of beginning new battles that threaten our speech before we've even won the first is really annoying."

"The court needs to act promptly to condemn this awful law," said ApolloMedia attorney, and First Amendment expert, William Bennett Turner of Rogers, Joseph, O'Donnel & Quinn. "The government claims the right to prosecute ApolloMedia for everything it says, and that's an intolerable chill on free speech".

In June, 1997, the Supreme Court declared the CDA’s prohibition of "indecent" speech on the Internet unconstitutional in a separate case in which ApolloMedia filed an amicus curiae brief. The company's web site has been widely scrutinized from the day it launched, and continues to generate strong reactions around the globe for its unapologetic and hard-hitting, in-your-face approach to political and social issues, and its irreverent use of technology, including extensive coverage and debate in publications such as The Wall Street Journal and The New York Times.

Additional cases cited by ApolloMedia were Pennsylvania Department of Corrections v. Yeskey and National Endowment for the Arts v. Finley.

Additional information about the lawsuit and associated documents can be found at


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