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Challenge Filed Against New Mexico CDA
-- 4/27/98
The Association of American Publishers is one of many associations that have signed on as plaintiffs in a lawsuit that challenges a recently enacted Communications Decency Act in New Mexico. The statute is similar in nature to other CDAs in that it prohibits computer dissemination of materials involving sexual conduct or nudity to persons under 18.
In their brief, the associations argue that any expression involving nudity or sexual conduct -- including Michelangelo's David -- would be criminalized under the statute. The lawsuit is seeking a preliminary injunction to prevent the statute from being enforced.

Earlier attempts by both the federal government and New York state to enact a CDA have been thrown out by the courts, including the U.S. Supreme Court, which found the federal CDA an impermissible infringement of First Amendment rights.

Other groups that have joined the complaint include the American Booksellers Foundation for Free Expression, the Freedom to Read Foundation, the Electronic Frontier Foundation and the New Mexico Library Association.
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