UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA ________________________________________ ) AMERICAN CIVIL LIBERTIES UNION, et al., ) ) Plaintiffs, ) ) v. ) Civ. No.96-0963 ) JANET RENO, in her official capacity as ) ATTORNEY GENERAL OF THE UNITED STATES, ) ) Defendant. ) ) _________________________________________) STIPULATION At the request of the three-judge Court convened in this case under 28 U.S.C. Sec. 2284, and for the purpose of assisting the Court in establishing a more orderly schedule for conducting a hearing on Plaintiffs' Motion for Preliminary Injunction, the parties, through their undersigned counsel, hereby stipulate and agree as follows: 1. Plaintiffs will present evidence in support of their Motion for Preliminary Injunction on March 21, and 22, 1996 (with April 1, 1996, available if necessary to conclude plaintiffs' case, or another date to be agreed upon by the parties or set by the Court). 2. Defendant will present her evidence in opposition to Plaintiffs' Motion for Preliminary Injunction on April 11 and 12, 1996. Plaintiffs may seek permission for limited rebuttal. 3. In accordance with the Memorandum Opinion and Order of the Court on February 15, 1996, the Temporary Restraining Order as previously granted remains in force until the three-judge Court hears Plaintiffs' Motion for Preliminary Injunction in accordance with the foregoing schedule and has decided the motion. 4. The defendant stipulates that she will not initiate any investigations or prosecutions for violations of 47 U.S.C. Sec. 223(d) for conduct occurring after enactment of this provision until the three-judge Court hears Plaintiffs' Motion for Preliminary Injunction in accordance with the foregoing schedule and has decided the motion. To the extent legally permitted, defendant retains her full authority to investigate or prosecute any violation of Sec. 223(a)(1)(B), as amended, and Sec. 223(d) as to conduct which occurs or occurred during any period of time after enactment of these provisions (including for the period of time to which this stipulation applies) should the Court deny plaintiffs' motion, or if the motion is granted, should these provisions ultimately be upheld. 5. This stipulation does not extend to or restrict any action by the United States in connection with any investigations or prosecutions concerning child pornography or concerning any communication, material, or information that is obscene. FOR THE DEFENDANT FRANK W. HUNGER Assistant Attorney General Civil Division MICHAEL R. STILES United States Attorney MARK R. KMETZ Assistant United States Attorney DENNIS G. LINDER Director, Federal Programs Branch THEODORE C. HIRT Assistant Branch Director ANTHONY J. COPPOLINO JASON R. BARON MARY E. KOSTEL JAMES E. GILLIGAN Trial Attorneys United States Department of Justice Civil Division Federal Programs Branch 901 E. Street N.W. Washington, D.C. 20530 Tel: (202) 514-4782 FOR THE PLAINTIFFS CHRISTOPHER A. HANSEN MARJORIE HEINS ANN BEESON STEVEN R. SHAPIRO American Civil Liberties Union Fdn. 132 West 43rd St. New York, NY 10036 212-944-9800 STEFAN PRESSER ACLU of Pennsylvania 125 South Ninth St., Suite 701 Philadelphia, PA 19107 215-923-4357 LAURA K. ABEL CATHERINE WEISS Reproductive Freedom Project American Civil Liberties Union Fdn. 132 West 43 St. New York, NY 10036 212-944-9800 DAVID L. SOBEL MARC ROTENBERG Electronic Privacy Information Center 666 Pennsylvania Ave. SE, Suite 301 Washington, D.C. 20003 202-544-9240 MICHAEL GODWIN Electronic Frontier Foundation 1550 Bryant St., Suite 725 San Francisco, CA 941103 415-436-9333 ROGER EVANS Legal Action for Reproductive Rights Planned Parenthood Federation Of America 810 Seventh Avenue New York, New York 10019 (212) 261-4708 * * * SO ORDERED this ___ day of February, 1996. BY THE COURT: ________________________________________ STEWART DALZELL United States District Court
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