Civil liberties groups continued to battle against a case that they
say could curtail free speech on the Internet by imposing regional
restrictions on global content.
The Center for Democracy and Technology (CDT), the American Civil
Liberties Union (ACLU), and a handful of other rights organisations
filed a brief on Monday asking a California court to deny an appeal
in a two-year-old case between Yahoo! and two French non-profit
groups dedicated to eliminating anti-Semitism.
The International League Against Racism and Anti-Semitism and the
Union of French Jewish Students originally took Yahoo! to court in
France, asking that the Internet company be restricted from
allowing French citizens to bid for Nazi memorabilia auctioned on
its sites. The groups cited a French law that makes it illegal to
exhibit or sell objects that have racist overtones.
In November 2000, the French court ordered Yahoo! to prevent local
users from linking to Web sites with Nazi memorabilia.
Yahoo! then brought the case to California, asking the US District
Court for a summary judgment against the order. Last November the
court granted Yahoo! the judgment, claiming that the French had no
grounds for regulating constitutionally protected free
speech.
Shortly after the court's verdict, the French parties appealed on
technical grounds, claiming that the California court did not have
jurisdiction over the case.
John Morris, staff counsel for the CDT, called the plaintiffs'
claim "extreme" that a French court could address a US company but
that a US court could not get involved in the situation.
"Besides, their appeals papers are absolutely silent on the
substantive ruling," Morris said, referring to the California
court's finding that Yahoo! was protected under First Amendment
free speech rights.
The case is being lodged against Yahoo!'s US subsidiary, since its
French division and site already complies with French law, Morris
explained. Therefore, he insisted, the US division should be wholly
protected by the Constitution's free speech rights.
Civil liberties groups fear that it the appeal is won, the case
will set a precedent that allows for local laws to stifle global
online speech.
"To open the door to foreign restrictions on US speakers [by] even
the slightest crack would allow numerous restrictions on speech
that would never be permitted if initiated in this country and
would undermine First Amendment protections to Internet speech,"
the groups wrote in their brief.
"This case is very, very important," said Morris. "If what the
French court did was upheld, US companies would have to look to
comply to the censorship laws of 200 countries around the world. It
would be an untenable situation."
The case continues.