ACLU Net litigator dies at 52

By Declan McCullagh
http://news.com.com/ACLU+Net+litigator+dies+at+52/2100-1028_3-5893154.html

Story last modified Tue Oct 11 11:21:00 PDT 2005

Stefan Presser, a civil-liberties attorney who fought some of the most
important Internet free-speech cases, died Friday. He was 52.

>From 1985 to 2004, Presser was the legal director for the Pennsylvania
chapter of the American Civil Liberties Union, which sued to challenge the
Communications Decency Act nine years ago.

In remarks outside the courtroom in 1996, Presser said, "We had a couple of
things we wanted to prove, and we're pretty confident we were successful.
The first is how different communication is on the Net vs. communication via
radio or TV (which must abide by "indecency" restrictions)."

He was right. A year later, the U.S. Supreme Court tossed out the law's
criminal sanctions that punished the availability of "indecent" material
online.

Presser died of brain cancer, according to the ACLU. He was born in New York
City and taught at Temple University's James E. Beasley School of Law.

After the Supreme Court rejected Congress' initial attempt to restrict free
speech on the Internet, President Clinton signed the Child Online Protection
Act. It was not as broad, applying only to commercial Web site
operators--but it threatened them with six-month prison sentences if they
made material deemed "harmful to minors" publicly available.

Presser joined the ACLU's challenge to that law. It resulted in the Supreme
Court ruling last June that prosecutors would be barred from enforcing COPA
until a full trial could take place.

He also participated in the ACLU's unsuccessful effort to overturn the
Children's Internet Protection Act--a federal law that attempts to compel
libraries to install blocking software--and a victory against a Pennsylvania
law that required Internet service providers to block allegedly illegal
material. Presser also sued the Transportation Security Administration on
behalf of a college student whose name appeared on the government's secret
watch list.

"Although Stefan would have been the first to disclaim a deep knowledge of
the inner workings of the Internet, he played an instrumental part in
Internet free-speech cases for as long as there have been such cases," John
Morris, a lawyer at the Center for Democracy and Technology who was
co-counsel with Presser on a Net-blocking case, said in an e-mail message. 



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