December 22, Lenora Lapidus John C. Salyer ACLU of New Jersey P.O. Box 750 Newark, NJ (973)

Transcription

1 December 22, 1999 Lenra Lapidus Jhn C. Salyer ACLU f New Jersey P.O. Bx 750 Newark, NJ (973) Ann Beesn Christpher A. Hansen American Civil Liberties Unin Fundatin Attrneys fr Plaintiffs MICHAEL ZIEPER, MARK WIEGER, and BECamatin, UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY Plaintiffs, Civil Actin N. v. JANET RENO, in her fficial capacity as ATTORNEY GENERAL OF THE UNITED STATES; LOUIS FREEH, in his fficial capacity as DIRECTOR OF THE FEDERAL BUREAU OF INVESTIGATION; MARY JO WHITE, in her fficial capacity as UNITED STATES ATTORNEY FOR THE SOUTHERN DISTRICT OF NEW YORK; JOSEPH METZINGER, individually and in his fficial capacity as SPECIAL AGENT FOR THE FEDERAL BUREAU OF INVESTIGATION; LISA KOROLOGOS, individually and in her fficial capacity as ASSISTANT UNITED STATES ATTORNEY FOR THE SOUTHERN DISTRICT OF NEW YORK, COMPLAINT FOR DECLARATORY, INJUNCTIVE AND MONETARY RELIEF Defendants.

2 The addresses f plaintiffs are: Michael Zieper Mark Wieger BECamatin The addresses f defendants are: Janet Ren, Attrney General U.S. Department f Justice 950 Pennsylvania Avenue NW Washingtn, DC Luis Freeh, Directr Federal Bureau f Investigatin 935 Pennsylvania Avenue NW Washingtn, DC Mary J White, U.S. Attrney Suthern District f New Yrk 1 St. Andrews Plaza New Yrk, NY Jseph Metzinger, Special investigatr Federal Bureau f Investigatin 26 Federal Plaza New Yrk, NY Lisa Krlgs, Assistant U.S. Attrney Suthern District f New Yrk 1 St. Andrews Plaza New Yrk, NY PRELIMINARY STATEMENT This lawsuit cncerns a shrt fictinal film created by plaintiff Zieper entitled "Military Takever f New Yrk City," which purprts t be a true accunt f a planned military takever f Times Square during the millennial New Year's Eve. Zieper displayed his film

3 n the Wrld Wide Web at using plaintiff Wieger's Web hsting service, plaintiff BECamatin. In this suit, plaintiffs seek declaratry, injunctive and mnetary relief t redress the injuries they suffered frm defendants' actins t suppress the film, which cnsists entirely f cnstitutinally prtected speech. Defendants' actins were intentinal and vilated the First and Fifth Amendments t the United States Cnstitutin. Defendant Special Agent Je Metzinger f the FBI and Defendant Assistant United States Attrney Lisa Krlgs acted pursuant t a plicy and/r practice f Defendants Ren, Freeh, and White t take actins t suppress speech withut any judicial determinatin that the speech is unprtected by law. In additin t seeking damages against Metzinger and Krlgs, plaintiffs seek declaratry and injunctive relief requiring defendants t desist frm and remedy this uncnstitutinal plicy. JURISDICTION AND VENUE This case arises under the United States Cnstitutin and the laws f the United States and presents a federal questin within this Curt's jurisdictin under Article III f the federal Cnstitutin and 28 U.S.C The Curt has the authrity t grant declaratry relief pursuant t the Declaratry Judgment Act, 28 U.S et seq. The Curt has the authrity t award csts and attrneys' fees under 28 U.S.C Venue is prper in this district under 28 U.S.C. 1391(e). PARTIES Plaintiff MICHAEL ZIEPER is a film maker wh lives in West Caldwell, New Jersey. Zieper is married and has tw yung children. He received a bachelr's degree in Cmmunicatins frm Syracuse University in Since then, he has wrked in the film business as a writer, editr, directr, and prductin crdinatr. Zieper exhibits his wrk using the stage name "Mike Z". Zieper is the sle creatr f the film "Military Takever f New Yrk City," which he made available n the Wrld Wide Web ("the Web") at (hereinafter "crwdedtheater.cm"). Plaintiff MARK WIEGER is the wner f BECamatin, a cmpany that hsts sites n the Wrld Wide Web. Wieger is engaged and has three children. He perates BECamatin ut f his hme in Edwardsburg, Michigan. BECamatin is the Web hsting service fr the crwdedtheater.cm Web site. Plaintiff BECamatin is a Web hsting business. BECamatin is a Sub S crpratin in Michigan and has its principle place f business in Edwardsburg, Michigan. Defendant ATTORNEY GENERAL JANET RENO heads the United States Department f Justice, which is the agency f the United States gvernment respnsible fr enfrcement f federal laws, and which includes the Federal Bureau f Investigatin and the United States Attrneys' Office. She has ultimate authrity fr setting and enfrcing the plicies and practices f the Department f Justice, and fr supervising all f its peratins and functins. Defendant LOUIS FREEH is the Directr f the Federal Bureau f Investigatin (FBI), which is the principal investigative arm f the United States Department f Justice. He is respnsible fr setting and enfrcing the plicies and practices f the FBI, and fr supervising all f its peratins and functins. Defendant MARY JO WHITE is the United States Attrney fr the Suthern District f New Yrk, which is the divisin f the United States Department f Justice that enfrces federal laws within the Suthern District f New Yrk. She is respnsible fr setting and enfrcing the plicies and practices f the Office f the United States Attrney fr the Suthern District f New Yrk, and fr supervising all f its peratins and functins. (Hereinafter, Defendants Ren, Freeh and White are cllectively referred t as "the

4 Justice Department defendants.") Defendant JOSEPH METZINGER is a Special Agent fr the FBI based in New Yrk City. Defendant LISA KOROLOGOS is an Assistant United States Attrney fr the Suthern District f New Yrk, wrking in the criminal divisin. At all times, defendant Krlgs' actins as alleged in this Cmplaint were taken in her rle as investigatr, nt in her rle as an advcate fr the gvernment. Defendants' Cntacts with Plaintiff Zieper FACTS GIVING RISE TO THIS ACTION In early Octber 1999, Plaintiff Michael Zieper videtaped the shrt film "Military Takever f New Yrk City" (hereinafter "Military Takever" film) in Times Square in New Yrk City. In the film, an actr purprts t be a military fficer wh is briefing ther fficers regarding plans fr a military takever f Times Square n New Years' Eve, The actr never appears in the film, but is heard speaking nly ff camera. The visual images in the film cnsist entirely f street ftage f Times Square during the day. The character f the military fficer gives instructins t thers abut hw they will participate in the planned takever. The dialgue suggests that t initiate the takever, the military will instigate a race rit by inciting racial unrest amng bystanders and by staging a fake attempted rape. The "Military Takever" film is part f a bdy f wrk created by Zieper which, thugh fictinal, purprts t depict real events. Zieper's films are part f a genre that als includes, fr example, Orsn Welles' "War f the Wrlds," and the recent mainstream Hllywd mvie "The Blair Witch Prject." Zieper purpsefully avids the use f framing devices emplyed in cnventinal films that signal t the viewer that the events are fictinal. Fr example, Zieper generally des nt include credits at the beginning r end f his films. He believes that his films challenge viewers t think seriusly abut difficult scial issues. The "Military Takever" film raises issues abut the upcming millennium and peple's fears abut it, the distrust that many Americans feel abut their gvernment, and the use f racial hatred t manipulate the American peple. After cmpleting the film, Zieper decided t make it available fr viewing n the Web. The Web is an imprtant venue fr independent film makers like Zieper wh cannt affrd the high cst f ther types f film distributin, and wh may be unable t interest mainstream film distributrs and festivals. In additin, Zieper believes that the Web is a unique and imprtant artistic frum fr shwing films because the Web des nt prvide the traditinal frames that affect the perceptin and experience f viewers in cntexts such as mvie theaters and hme vide rental. Zieper cntacted Plaintiff Mark Wieger and BECamatin, and arranged t create a Web site t shw the "Military Takever" film at the address " (hereinafter crwdedtheater.cm). BECamatin's Web hsting service prvided Zieper with the cmputer space fr the Web site, and technical assistance in Web design and maintenance, including the use f sftware that allws fr shwing and viewing vide files n the Web. The crwdedtheater.cm Web site was cmpleted and launched n Octber 28, The hme page f the Web site includes a message that states: Is there ging t be a Military Takever f New Yrk City n New Years Eve 1999? I dn't knw t much abut this tape yu are abut t see. I gt it frm my cusin Steve wh's in the army. He said that cpies f this tape are flating arund the base, and nbdy knws wh made it. If it's fake, then there's nthing t wrry abut. If it's real, then we're in really big truble.

5 The Web site includes an address, fr users wh want t cmmunicate with the Web site wner abut the film. Zieper psted messages with a link t the crwdedtheater.cm n varius interactive discussin bards n the Internet t generate interest in the film. These messages, and the film itself, prmpted discussin abut the film n a number f Internet discussin bards. Zieper als received s at his address, "fire@crwdedtheater.cm," cmmenting n the film. On Mnday, Nvember 8, 1999, UPN Channel 9 News in New Yrk City cntacted Zieper t arrange t interview him fr a stry abut the crwdedtheater.cm Web site and the "Military Takever" film. On Wednesday, Nvember 10, 1999, the interview was bradcast during the 10 p.m. newscast n UPN Channel 9 News. The interview identified Zieper as the creatr f the film. Prir t the bradcast, during the evening f Nvember 10, 1999, Zieper and his wife and children were visiting his relatives in anther twn in New Jersey. They planned t watch the UPN news cverage tgether. Arund 8 p.m., Zieper received a call n his pager. When he returned the call, the phne was answered by a plice fficer with the Caldwell Plice Department. The Plice Officer infrmed Zieper that he was standing at the dr f Zieper's hme in West Caldwell, with agents frm the FBI, wh wanted t speak with Zieper abut the "Military Takever" film. Zieper immediately feared that he might be arrested, and became cncerned abut the impact n himself and his family. Zieper tld the plice fficer that he wuld nt be hme that evening, and agreed t call the fllwing day t arrange fr a meeting with the FBI agents. After hanging up the phne, Zieper received a secnd call n his pager, frm the same number. When Zieper returned the call, the phne was answered by Defendant Special Agent Je Metzinger f the FBI. Metzinger identified himself, and explained the reasn he wanted t meet with Zieper. Metzinger said that he knew that Zieper had a Web site that had been receiving a lt f activity. Metzinger said that the site was causing a lt f cncern, and that peple had asked the FBI what was ging n. Metzinger said that there were a lt f peple planning t take vacatins and t be in Times Square fr New Year's, and a lt f businesses invlved. Metzinger tld Zieper that the FBI was trying t find ut abut the vide. He asked Zieper where he had gtten the vide tape. Zieper became afraid at that pint that the FBI might believe the film t be real, and became mre fearful that he might be arrested. In rder t prtect himself, he decided nt t answer any mre questins abut the film withut legal advice. Zieper asked Metzinger whether they culd discuss the film the fllwing day, and Metzinger said yes. Metzinger then asked Zieper whether in the meantime there was any way the FBI culd get peple t stp seeing the vide n the Internet. Zieper said he didn't think s, because UPN news was bradcasting a stry abut the film that evening. Metzinger then asked whether Zieper culd call UPN and ask them nt t run the stry. Zieper said he didn't think he culd stp them frm running the news stry, but that he suppsed that the FBI culd make that call. He said he didn't think UPN wuld drp the stry if he called himself. Zieper was then given a phne number t the FBI squad rm and tld t call at 3 p.m. the next day, Nvember 11, After Zieper hung up the phne, he became very anxius fr himself and his family. The FBI had indicated that criminal activity was assciated with Zieper's Web site and film. Zieper currently cares fr his children at hme during the day while his wife wrks, and he wrried abut what wuld happen t his children if he were arrested. He feared that the children might be put in prtective custdy, which wuld be traumatic fr them. As a result f the calls frm the FBI, Zieper was afraid t g hme t West Caldwell with his family, and spent the evening at his relatives. Fr fear that the FBI wuld return t his hme and arrest him, he did nt return hme until Friday evening, Nvember 12, On Thursday, Nvember 11, 1999, Zieper cntacted lawyers fr advice regarding the

6 calls frm the FBI. He did nt call the FBI as planned at 3 p.m. At 3:30 p.m, Zieper received a vice mail message n his pager frm Metzinger, asking why Zieper had nt called. A few minutes later, Metzinger called Zieper's pager again and this time left his phne number. Zieper did nt return the call. Later in the day, attrneys Sctt Thmpsn and Peter Sklnik cntacted Metzinger n Zieper's behalf. Metzinger infrmed Zieper's attrneys that additinal FBI agents were currently n their way t Zieper's hme. Attrneys Thmpsn and Sklnik tld Metzinger and the FBI t cntact them if the agents wished t speak with Zieper. Metzinger said he was nt sure he culd cntact the agents befre they reached Zieper's hme. Spkespersns fr the Justice Department defendants were quted in news articles during the next several days saying that they were invlved in an nging investigatin f Zieper. In later articles, spkespersns fr the Justice Department defendants indicated that the investigatin was clsed. Defendants' Cntacts with Plaintiff Wieger On r abut Mnday, Nvember 15,1999, Plaintiff Mark Wieger received a cnference phne call frm Defendant Special Agent Metzinger and Defendant Assistant United States Attrney Lisa Krlgs. They asked whether he was the wner f crwdedtheater.cm. Wieger tld them he was nt the wner, but just prvided Web hsting services fr the site. Metzinger and Krlgs described the crwdedtheater.cm Web site, saying that it cntained a grainy vide abut a suppsed military takever f Times Square n New Year's Eve. They tld Wieger that they had received calls frm peple asking if the film were real r nt. Quting sme f the dialgue frm the film, they said they were cncerned that the tape culd start a race rit because it cntained racial slurs, and a suggestin f rape. (In fact the film cntains n racial slurs.) They tld Wieger that it was their jb t make sure that a rit did nt ccur and t ensure that peple wuld nt g t Times Square thinking that a rit wuld ccur. They said that they did nt want peple shwing up in Times Square n New Year's Eve with guns and knives watching fr any military peple r plice t make a wrng mve. Metzinger and Krlgs explained t Wieger that they had traced the crwdedtheater.cm Web site t him thrugh GTE (an Internet Service Prvider) and back t Online Marketing, LLC ("OLM"), which is the business with whm Wieger cntracts t lease the cmputer space n the Internet fr his clients. Metzinger and Krlgs said they had cntacted OLM, and had left a message asking them t take dwn the site if Wieger did nt take it dwn. At that pint Wieger became afraid that OLM wuld cancel their accunt with him as a result f pressure frm the FBI, which wuld devastate Plaintiff BECamatin because all f BECamatin's clients rely n the leased cmputer space prvided thrugh OLM. Wieger asked Metzinger and Krlgs what they wanted frm him. The agents replied that they wanted t knw hw they culd stp peple frm seeing the vide. Wieger asked whether they wanted him t blck access t the vide, and they said yes. Wieger then asked Metzinger and Krlgs if they knew wh wned the site, and they said yes. Metzinger and Krlgs tld Wieger that they had been in cntact with Zieper and his lawyers. They tld Wieger that they had asked Zieper t take dwn the site, but that Zieper had refused. Wieger asked Metzinger and Krlgs whether he shuld cntact Zieper, and they said n. Metzinger and Krlgs tld Wieger that if Zieper called him, Wieger shuld tell Zieper t cntact them. Wieger asked fr their phne numbers, which they gave him. As a result f the call frm Metzinger and Krlgs, Wieger was afraid fr himself, his business and his family. He had n lawyer t call fr advice and culd nt affrd ne. While Metzinger and Krlgs were still n the phne, Wieger pulled up the crwdedtheater.cm Web site n his cmputer, and remved the link n the frnt page f the site t the file cntaining the "Military Takever" film. He als put a message n the hme page f the site saying the site was disabled. He tld Metzinger and Krlgs that

7 he had disabled the link t the "Military Takever" film n the site, and they thanked him. Wieger phned his fiancée, wh reacted with fear and panic when she learned that the FBI had called. Wieger then called Lisa Krlgs. When the phne was answered as the United States Attrney's Office, and Wieger cnfirmed that he had in fact been speaking with federal fficers, his anxiety level increased. Wieger tld Krlgs that he wanted t explain again what he had dne t disable the "Military Takever" film n the crwdedtheater.cm Web site. He said he wanted t ensure that he had cmplied with the request frm Metzinger and Krlgs. Wieger explained again that he had disabled the link t the film, and Krlgs asked whether peple culd still access the film. Wieger said that it was pssible that sme peple culd still get t the film if they knew the exact address f the cmputer file in which the film was lcated n the Web. Wieger then asked what he shuld d. Krlgs asked him whether he culd take all the cntent ff the crwdedtheater.cm Web site. She said she did nt want anyne t be able t see the film anymre. Wieger explained that he wuld permanently delete all f the files, and wuld remve the accunt n his server fr the crwdedtheater.cm dmain name the next day. He explained that this wuld prevent peple frm accessing the Web site at all. Twards the end f the call, Wieger reiterated that he just wanted t make sure that he was nt in any truble with Krlgs r the FBI. Krlgs asked again whether he wuld delete all f the files n crwdedtheater.cm site. When Wieger answered yes, Krlgs said "that's fine, thank yu." After speaking with Krlgs, Wieger deleted all f the files related t the crwdedtheater.cm Web site, and remved the accunt n his servers fr the crwdedtheater.cm dmain name. The calls with Metzinger and Krlgs caused Wieger t fear that he culd be arrested by the FBI r ther federal law enfrcement agents. He als feared that the FBI r anther federal agency wuld seize his cmputers r take ther actins that wuld ruin BECamatin. Late in the afternn f Mnday, Nvember 15, 1999, Zieper lgged nt the Web t check n his Web site, and saw that the link t the "Military Takever" film had been remved. He cntacted Wieger, wh explained that he had t disable the site because he had been called by the FBI and tld t d s. The Harm t Wieger and BECamatin A number f news articles reprted n the clsure f the crwdedtheater.cm Web site as a result f the FBI calls t Wieger. These articles included stries in The Village Vice; Wired News; APBnews.cm (a wire service); and the Freedm Frum Free! nline news site. Many f the articles were published and distributed n the Wrld Wide Web and n Internet discussin bards. The articles were generally critical f Wieger's willingness t yield t defendants' pressure t remve the site. Beginning n r abut Nvember 24, 1999, Wieger began receiving hundreds f s frm Internet users that attacked and insulted him and BECamatin fr shutting dwn the crwdedtheater.cm Web site. In Internet parlance, these insults and attacks are knwn as "flames." BECamatin has a Web site that prmtes its services. The site cntains links t many f BECamatin's clients, and als cntains a "guestbk and bulletin bard" feature that allws users f the Web site t pst cmments that can be read by ther users. Internet users psted attacks and insults related t the clsing f the crwdedtheater.cm site in the BECamatin guestbk and bulletin bard. Several discussin bards n the Internet als discussed the clsure f crwdedtheater.cm. Users psted messages encuraging ther users t send flames t Wieger ppsing the clsure f crwdedtheater.cm. Sme users psted messages encuraging ther users t send messages t BECamatin clients encuraging them t

8 discntinue their business with BECamatin. Sme f BECamatin's clients sent messages t Wieger cmplaining that they had received messages abut the crwdedtheater.cm clsure. These clients demanded an explanatin. Wieger and BECamatin als received an message that cntained a cmputer virus, which culd have substantially disrupted his cmputers. BECamatin has a tll-free number that is listed n the BECamatin Web site, and Wieger and BECamatin received harassing phne calls n this line abut the clsure f crwdedtheater.cm. The phne line is lcated in Wieger's hme. Wieger received ne harassing call at 1:30 in the mrning. Wieger spent at least eighty percent f his time during the next several days respnding t the attacks n his business and trying t salvage his reputatin and that f BECamatin. He cntinues t spend substantial time repairing the damage that has been dne t BECamatin. BECamatin is a new cmpany that has nt yet made a prfit, and that cannt affrd any damage t its reputatin. The nging damage t BECamatin has caused Wieger t experience extreme distress and anxiety. On Friday, Nvember 26, 1999, Wieger sent an t OLM t explain the situatin and t ask whether they culd d anything t help. OLM replied by and suggested that Wieger cntact the FBI t ask what legal basis they had fr requesting that the site be shut dwn. If the FBI prvided n legal basis fr the request, OLM suggested that Wieger shuld put the site back up n the Web. Wieger became angry that Metzinger and Krlgs had misled him abut bth their cntact with OLM and their insinuatin that Wieger had t shut dwn the site because he and Zieper were in truble with the FBI. After speaking with Zieper, Wieger decided t put the crwdedtheater.cm site and the "Military Takever" film back n the Web. Wieger als issued a press release, which he published n the BECamatin Web site. The press release infrmed the public that the crwdedtheater.cm Web site was accessible again, and explained Wieger's prir actins and his reasning fr shutting dwn the site. Althugh the crwdedtheater.cm site was back n the Web, Wieger cntinued t receive flames. While sme news articles annunced the reinstatement f the Web site, the prir articles abut the clsure f the site are still available and in circulatin n the Web. The Damage t Plaintiffs Zieper, Wieger and BECamatin Plaintiff Zieper was damaged and cntinues t be damaged as a result f defendants' actins described abve. He and his family have suffered cnsiderably due t the pssibility that he might be arrested and imprisned at any mment. Plaintiff Zieper suffered and cntinues t suffer damage t his reputatin as a result f defendants' actins described abve, including the investigatin f plaintiff Zieper by defendants and the public knwledge that defendants suppressed his speech. Plaintiff Zieper was damaged and cntinues t be damaged as a result f defendants' vilatin f his First Amendment rights. Plaintiff Wieger and BECamatin were damaged and cntinue t be damaged as a result f defendants' actins described abve. Wieger and his family have suffered cnsiderably during the investigatin. Plaintiff Wieger and BECamatin suffered and cntinue t suffer damage t reputatin as a result f defendant's actins described abve, including the investigatin by defendants, the public knwledge that defendants suppressed speech hsted by Wieger and BECamatin, and the actins that Wieger tk t remve plaintiff Zieper's Web site upn defendants' requests.

9 Plaintiffs Wieger and BECamatin were damaged and cntinue t be damaged as a result f defendants' vilatin f their First Amendment rights. Defendants Acted Accrding t an Uncnstitutinal Plicy r Practice The "Military Takever" film is clearly nt intended t incite r prduce imminent lawless actin and is nt likely t incite r prduce such actin. It cnsists entirely f speech prtected by the First Amendment. Defendants Metzinger and Krlgs had viewed the "Military Takever" film n the crwdedtheater.cm Web site befre they cntacted the plaintiffs. Befre cntacting the plaintiffs, Defendants btained n judicial determinatin that the "Military Takever" film was unprtected by law. Defendants Metzinger and Krlgs cntacted the plaintiffs fr the purpse f suppressing cnstitutinally prtected speech. Defendants Metzinger and Krlgs expressly requested that Zieper and Wieger remve the "Military Takever" film frm the Web. In additin, Defendants Metzinger and Krlgs expressly requested that Zieper call UPN Channel 9 News t cancel the news segment abut the "Military Takever" film. Defendants Metzinger and Krlgs cntacted Wieger after they were unable t persuade Zieper t remve the "Military Takever" film frm the Web. They intended thrugh their cntacts t suppress cnstitutinally prtected speech. Defendants Metzinger and Krlgs cntacted Wieger after Zieper's attrneys had infrmed Metzinger that the FBI shuld cntact Zieper's attrneys if they wished t speak with Zieper. They intended thrugh their cntacts t suppress cnstitutinally prtected speech. As agents and emplyees f the Federal Bureau f Investigatin and the Office f the United States Attrneys fr the Suthern District f New Yrk, Defendants Metzinger and Krlgs acted jintly t deprive plaintiffs f their cnstitutinal rights. The actins described abve were taken by Defendants Metzinger and Krlgs intentinally. The Justice Department defendants have established a prgram called Prject Megidd t investigate and prsecute lawless actins, threats f lawless actins and incitement t lawless actins related t the arrival f the new millennium. The subject matter f Prject Megidd is thus similar t the cncerns expressed by defendants Krlgs and Metzinger regarding the crwdedtheater.cm Web site and the "Military Takever" film. Sme press reprts have linked defendants' actins t Prject Megidd. Defendants have refused t admit r deny a link between their actins regarding plaintiffs and Prject Megidd. Upn infrmatin and belief, the actins taken by defendants Krlgs and Metzinger were taken pursuant t a plicy and/r practice established by the Justice Department defendants invlving perceived threats f, r incitement t, lawless actins that relate t the arrival f the new millennium and/r perceived threats f, r incitement t, lawless actins cmmunicated n the Internet. The plicy and/r practice described abve is sufficiently brad and vague that it authrized the actins f defendants Krlgs and Metzinger t suppress cnstitutinally prtected speech. CAUSES OF ACTION Plaintiffs repeat and reallege paragraphs The actins taken by defendants vilated plaintiffs' First Amendment rights because defendants suppressed plaintiffs' speech withut any judicial determinatin that the speech is unprtected by law. The actins taken by defendants vilated plaintiffs' prcedural and substantive due

10 prcess rights under the Fifth Amendment because defendants suppressed plaintiffs' speech withut any judicial determinatin that the speech is unprtected by law. The plicy r practice f defendants vilates the First Amendment insfar as it prvides fr the suppressin f speech withut any judicial determinatin that the speech is unprtected by law. The plicy r practice f defendants vilates prcedural and substantive due prcess rights under the Fifth Amendment insfar as it prvides fr the suppressin f speech withut any judicial determinatin that the speech is unprtected by law. PRAYER FOR RELIEF WHEREFORE plaintiffs respectfully request that the Curt: Declare that the film "Military Takever f New Yrk City" created by plaintiff Zieper is cnstitutinally prtected by the First Amendment. Declare that the actins f defendants vilated the plaintiffs' First and Fifth Amendment rights. Grant damages t plaintiffs against defendants Krlgs and Metzinger. Enjin defendants frm taking any further actins t suppress the film "Military Takever f New Yrk City." Declare that the plicy and/r practice f defendants f taking actins that suppress cnstitutinally prtected speech, including n the Internet, vilates the First and Fifth Amendments. Enjin defendants frm cntinuing any plicy r practice f taking actins that suppress cnstitutinally prtected speech, including n the Internet. Award plaintiffs fees and csts pursuant t 28 U.S.C Grant such ther and further relief as the Curt deems just and prper. Dated: December 22, 1999 Respectfully submitted, Lenra Lapidus (LL 6592) Jhn C. Salyer American Civil Liberties Unin f New Jersey P.O. Bx 750 Newark, NJ (973) Ann Beesn Christpher A. Hansen American Civil Liberties Unin Fundatin

11 Attrneys fr Plaintiffs