17 October 1997

To: bernstein-announce@toad.com
Subject: Bernstein case update: Government appeal brief filed
Date: Thu, 16 Oct 1997 20:05:13 -0700
From: John Gilmore <gnu@toad.com>

The government has filed its 81-page "brief" with the Ninth Circuit
Court of Appeals in the Bernstein case.  They argue that the export
controls are "constitutionally permissible", that they are not a
facially unconstitutional prior restraint on publication, and that the
District Court gave Prof. Bernstein "too broad" relief by declaring
the law and regulations unconstitutional and partially enjoining their
enforcement.

The brief has been scanned in as page images, and is at:

   http://www.eff.org/pub/Legal/Cases/Bernstein_v_DoS/Legal/970116_appeal_brief.images/

Prof. Bernstein's legal team will file its reply by November 10, the
government will reply by November 17, the Court will hold a formal
hearing sometime during the week of December 8, then the Court will
issue its decision.

	John Gilmore
	Electronic Frontier Foundation