Cyberspace receives favorable ruling in Engler lawsuit.

Nov 22 20:56 UTC 2000

Subject:        Cyberspace v. Engler
   Date:        Tue, 21 Nov 2000 22:28:41 -0500
   From:        "Michael J. Steinberg" <msteinberg@ameritech.net>

We just received some good news from the U.S. Court of Appeals for the
Sixth Circuit about the appeal in Cyberspace v. Engler.  We won!

Last week, the Court of Appeals issued an opinion affirming Judge
Tarnow's decision to grant a preliminary injunction (i.e., upholding
Judge Tarnow's decision to stop the Michigan Internet Censorship Act
from going into effect while the case is being litigated).  The Court of
Appeals opinion is only 2 pages and essentially states that Judge Tarnow
did not abuse his discretion in ruling that we were likely to win the
case on its merits.  The opinion does not address the legal issues in
detail and it is not going to be published in the law books.

The case now returns to the trial court for further proceedings unless
the Attorney General decides to appeal further (which I think is
unlikely).  We have not spoken yet to the Attorney General's office
about what it plans to do next.  If the case returns to the trial court,
we may begin preparing for trial or one or both sides might make a
motion asking the judge to decide the case without a trial.  I will let
you know what will happen next as soon as I know.  Congratulations!

Michael J. Steinberg, Legal Director
American Civil Liberties Union of Michigan

response 2 of 5:

Nov 23 05:56 UTC 2000

See http://www.cyberspace.org/lawsuit/ for the full details.

response 4 of 5:

Jul 19 02:47 UTC 2001

I'm posting this mail, received this evening, from Michael Steinberg.

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Dear Grex members:

I am happy to report that the State of Michigan has decided not to
appeal Judge Tarnow's 6/1/01 opinion striking down the Internet
Censorship Law as unconstitutional.  In other words, Cyberspace v.
Engler is over.

It has been over two years since I first met with your Board to discuss
Cyberspace Communications becoming a plaintiff in this case.  Although
the wheels of justice turn slowly, it is always satisfying when the
court actually reaches a just decision.  On behalf of the ACLU and our
cooperating attorneys, I can say that it has been a pleasure working
with the many fine members of your organization.  I believe that Grex
truly embodies the First Amendment principles that we work so hard to
protect.  Thanks for your work to ensure that cyberspace remains a
free-speech zone.

Michael J. Steinberg, Legal Director
American Civil Liberties Union of Michigan
60 West Hancock Street
Detroit, MI 48201

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