As expected, the Justice Department today filed an official notice to appeal a recent decision by a three-judge panel in Philadelphia that rejected the Communications Decency Act as unconstitional.
Government attorneys Anthony Coppolino and Jason Baron sent a letter this afternoon stating their intent to take the case to the U.S. Supreme Court to American Civil Liberties Union attorney Chris Hansen and American Library Association attorney Bruce Ennis. CNET reported Thursday evening that the department had notified its intent in a letter to Senator James Exon (D-Nebraska), who introduced the bill as part of the federal Telecommunications Act signed in February.
The Justice Department is still required to file a brief explaining why the Supreme Court should take the case, according to department spokesman Joe Krovisky. "We haven't even thought about what it [the brief] will emphasize on," he said.
A month later the ACLU will formally respond and the Supreme Court will decide whether or not it will take the case. If accepted, the case will not be heard until late fall or early winter, according to the attorneys involved.