As it pledged six weeks ago, the American Civil Liberties Union filed suit April 22 seeking to overturn New Mexico's recently enacted statute criminalizing the dissemination of material that "in whole or in part depicts actual or simulated nudity, sexual conduct, or sadomasochistic abuse, and that is harmful to minors." Among the 19 other plaintiffs suing Governor Gary Johnson and State Attorney General Tom Udall in their official capacities are ALA's Freedom to Read Foundation and the New Mexico Library Association.
That same day, ACLU National Staff Attorney Ann Beeson wrote Udall urging him to block enforcement of the law, which is slated to go into effect July 1. In her letter, Beeson allowed that, while protecting children "is an entirely valid and laudable goal," the New Mexico provision "require[s] all Internet speakers to reduce their speech to a level suitable for minors"--a clearly unconstitutional demand.
Posted April 27, 1998.