HB1630: EFGA's Lawsuit against the State of Georgia

We won!

The decision from Judge Shoob

In 1997 EFGA and other plaintiffs led won a preliminary injunction against the state, which effectively overturned the "no-anonymity" internet law, declaring it unconstitutional.

Our Legal Team

Scott McClain of Bondurant, Mixson & Elmore; Gerry Weber, Georgia ACLU; Ann Beeson, ACLU national staff attorney; and Chris Hansen, national ACLU.

The Defendants

Governor Zell Miller and Attorney General Michael Bowers. (sorry, the AG's office doesn't have a web page that we know of)

The Plaintiffs

Fourteen plaintiffs including Electronic Frontiers Georgia are included in the lawsuit.

  1. Electronic Frontiers Georgia - Affidavit
  2. AIDS Survival Project - Affidavit
  3. American Civil Liberties Union of Georgia - Affidavit
  4. Atlanta Freethought Society - Affidavit
  5. Atlanta Veterans Alliance - Affidavit
  6. Community ConneXion - Affidavit
  7. The Electronic Frontier Foundation (not affiliated with EFGA) - Affidavit
  8. Rep. Mitchell Kaye (Georgia House of Representatives) - Affidavit
  9. Kenneth Leebow - Affidavit
  10. Bruce Mirken - Affidavit
  11. Bonnie Nadri (The Page Factory) - Affidavit
  12. Josh Riley - Affidavit
  13. John Troyer - Affidavit
  14. Jonathan Wallace - Affidavit

A summary of the parties is available here.

History of HB1630 and our Lawsuit

Many people, when they read this law, have said that certainly Georgia's lawmakers could not have meant what this law states. Hoping to save the State of Georgia unneccessary expense, EFGA's attorneys sent a demand letter to the Attorney General's office asking for a clarification of the new law. Michael Bowers, the Attorney General, choose instead to allow this matter to move into litigation.
A coalition of individuals, businesses, and other organizations have formed to oppose this law. EFGA's action on the matter so far:

Commentary on HB1630

News Articles on HB1630

Copies of the law

Comments on the law from our elected officials.

EFGA sent e-mail to everyone in the Georgia House of Representatives who had a known e-mail address. Nearly 40% of the legislators gave us comments within a week. Not only is 40% of those we contacted a good response, but every legislator indicated they would like to see the law repealed or changed. Not one single legislator has been willing to defend the law. See House member's comments.

The People who bring you Georgia's Laws

Press Releases

Press Advisory about Live CyberCast
Press Release about lawsuit Sept 24, 1996

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