Cyberspace "Gag Rule" on Abortion Challenged

If U.S. citizens elect an anti-abortion president this November, it could mean the end of any communications about abortion through the Internet. A provision in the recent Telecommunications Act of 1996 applies the 1873 Comstock Act to the Internet, making it illegal to send materials on abortion across state lines. The law applies to taking or receiving, via interactive computer service, "any written or printed card, letter, circular, book, pamphlet, advertisement, or notice of any kind giving information on abortion."

The Clinton Administration has said it will not enforce the provision, and Attorney General Janet Reno has stated the provision is unconstitutional. However, there is no guarantee that a new president would not enforce the law, which carries a fine of $250,000 and/or five years in prison. The Feminist Majority's Internet site is replete with information on RU 486 and abortion which could be deemed illegal under the law.

"This is tantamount to a cyberspace gag rule." said Eleanor Smeal, President of the Feminist Majority.

Women's rights and reproductive rights groups, including the Feminist Majority, have filed suit against the Internet abortion ban. The groups are represented by the Center for Reproductive Law and Policy.

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Copyright 1996, The Feminist Majority Foundation and New Media Publishing Inc.