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ACLU Wins Stay
of New Mexico Cybersmut Ban

Pending the outcome of a federal lawsuit that began June 22, the American Civil Liberties Union has won an injunction against the July 1 enactment of a New Mexico law that criminalizes the dissemination of explicit sexual materials to minors, the CNET Internet news service reported June 24. Violators could be sentenced to a one-year jail term or a $1,000 fine for making available material that "in whole or in part depicts actual or simulated nudity, sexual conduct, or sadomasochistic abuse, and that is harmful to minors."

Judge LeRoy Hansen's June 24 ruling came two days after his refusal of New Mexico's motion to dismiss the case, known as ACLU v. Johnson because the suit names Gov. Gary Johnson as a defendant.

The ACLU represents 20 plaintiffs, among them ALA's Freedom to Read Foundation, the New Mexico Library Association, OBGYN.net, the Association of American Publishers, and Santa Fe Online.

Posted June 29, 1998.

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