Order in PSINET v. Chapman.
Re: granting preliminary injunction of enforcement of Virginia Code Ann. § 18.2-391, a criminal statute prohibiting the display on the Internet of materials used for a commercial purpose that are harmful to juveniles.
Court: U.S.D.C., W.D. Va., James Michael.
Case No.: 3:99CV00111.
Date: August 8, 2000.
IN THE UNITED STATES DISTRICT COURT
Before this court are (1) the plaintiffs' December 15, 1999 Motion for Preliminary Injunction and (2) the defendants' March 9, 2000 Motion to Hold Proceedings in Abeyance. With respect to the Motion for Preliminary Injunction, upon consideration of the memoranda and oral arguments in support and opposition thereto, and for the reasons stated in the accompanying Memorandum Opinion, the motion shall be granted. With respect to the Motion to Hold Proceedings in Abeyance, the defendants made the motion on the grounds that a bill, then pending in the legislature, would render this action moot. The action of the legislature did not render this action moot; hence the defendants' motion shall be denied. Accordingly, it is this day
ADJUDGED AND ORDERED
(1) The plaintiffs' Motion for Preliminary Injunction shall be, and hereby is, GRANTED.
(2) The defendants' Motion to Hold Proceedings in Abeyance shall be, and hereby is, DENIED.
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The Clerk of the Court hereby is directed to send a certified copy of this Order, and the accompanying Memorandum Opinion to all counsel or record.