Briefing then, . only when disclosure would 'surely result in direct, immediate, and irreparable damage to our Nation or its people"'. The court also found that, if the licensing scheme was not aimed at expression and was "content neutral", appropriate procedural safeguards must still be in place for the scheme to be declared constitutional. In the court's view, the scheme was a "paradigm of standardless discretion", lacking "even minimal limits on the discretion of the licenser".
Having found in favour of the plaintiff on the constitutional issues, the court saw no reason to uphold his request that the defendants be enjoined from any further prosecution of him for alleged breaches of arms regulations. The court had earlier noted defence submissions that teaching cryptography was regarded as permissible, provided access to encrypted materials was not available via the Internet.
Other News in Brief 0 Scientology Internet postings infringe copyright.
A District Court for the Eastern District of Virginia has ruled that the unauthorized Internet publication of texts belonging to the Church of Scientology was not protected under the 'fair use' defence under copyright law. The court also rejected defendants' copyright misuse claims against the plaintiffs on the grounds that this was not a case where the latter attempted to assert copyrights it did not own, or where it attempted to tie its copyright to other products. The defendants' infringement was unmistakeable and the plainti@s opposition was sound.
Religious
Technology Center v Lerma, No 95-1107-A (BD Va,4