Comments on: CIPA as-applied challenge? http://walt.lishost.org/2005/04/cipa-as-applied-challenge/ The library voice of the radical middle. Thu, 23 May 2013 16:58:01 +0000 hourly 1 http://wordpress.org/?v=3.5.1 By: walt http://walt.lishost.org/2005/04/cipa-as-applied-challenge/comment-page-1/#comment-84 walt Thu, 21 Apr 2005 21:50:02 +0000 http://walt.lishost.org/?p=24#comment-84 Seth–see the modified post, which points to your post, which clarifies that–based on your citizen journalism–ACLU doesn’t plan an as-applied challenge. More’s the pity, but I suspect that the existence of one known minimalist and easy-to-unblock filter would make it difficult to win, unless the standard for the law not working was set fairly low. Anyway, many thanks for clearing things up!

]]> By: Seth Finkelstein http://walt.lishost.org/2005/04/cipa-as-applied-challenge/comment-page-1/#comment-83 Seth Finkelstein Thu, 21 Apr 2005 20:44:31 +0000 http://walt.lishost.org/?p=24#comment-83 Disclaimer – IANAL (I Am Not A Lawyer).

I think it’s a little more complex. I don’t believe that an “as-applied” challenge is necessarily restricted to whack-a-mole style application. The idea is that if you can show, according to some standard, the law just isn’t working in practice, that’ll strike it down.

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