Baum et al v. Maplewood City Library et al

Filing 15

Attachment 1
MOTION for Entry of Default Judgment as to Party Festus City Library by Plaintiffs Gordon Lee Baum, Council of Conservative Citizens. (Attachments: # 1 Text of Proposed Order for Declaratory Judgment and Permanent Injunction)(Herman, Robert) Modified on 6/7/2006 (BDC).

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Baum et al v. Maplewood City Library et al Doc. 15 Att. 1 Case 4:06-cv-00453-CDP Document 15 Filed 06/06/2006 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION GORDON LEE BAUM and COUNCIL OF CONSERVATIVE CITIZENS, Plaintiffs, vs. MAPLEWOOD CITY LIBRARY, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) Cause No. 4:06-CV-453 ­ CDP PROPOSED ORDER FOR DECLARATORY JUDGMENT AND PERMANENT INJUNCTION Defendant Festus City Library, having been found by this Court to be in default, it is now ordered and adjudged that: 1. Festus City Library's use of a software hate speech filter to prevent library patrons from accessing the web site of Plaintiffs Council of Conservative Citizens and Gordon Lee Baum on the basis of Plaintiff's content and viewpoint is a violation of the First and Fourteenth Amendments to the United States Constitution. 2. Both Plaintiffs Gordon Lee Baum and the Council of Conservative Citizens have suffered and will continue to suffer immediate and irreparable harm by the continued denial of their rights under the First and Fourteenth Amendments to the United States Constitution. Dockets.Justia.com Case 4:06-cv-00453-CDP Document 15 Filed 06/06/2006 Page 2 of 2 3. Plaintiffs have no adequate remedy at law with which to correct the deprivation of their Constitutional rights pursuant to the First and Fourteenth Amendments to the United States Constitution. WHEREFORE, it is ordered that Festus City Library is permanently enjoined from utilizing any software filters on its publicly available internet terminals for the purpose of further blocking of the website of the Council of Conservative Citizens; WHEREFORE, it is ordered that Plaintiffs are hereby awarded costs and attorneys' fees assessed against Defendant Festus City Library. SO ORDERED. Date United States District Court Judge -2- Rev. 6/6/2006 11:30 AM

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