IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO

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AMERICAN CIVIL LIBERTIES UNION, MAR AMERIKA of ALT-X, ART ON THE NET, FEMINIST.COM, FULL CIRCLE BOOKS, OBGYN.NET, SANTA FE ONLINE, SEXUAL HEALTH INSTITUTE, STOP PRISONER RAPE, JEFF WALSH of OASIS MAGAZINE, AMERICAN BOOKSELLERS FOUNDATION FOR FREE EXPRESSION, ASSOCIATION OF AMERICAN PUBLISHERS, INC., ELECTRONIC FRONTIER FOUNDATION, FREEDOM TO READ FOUNDATION, INC., INTERNATIONAL PERIODICAL DISTRIBUTORS ASSOCIATION, NEW MEXICO LIBRARY ASSOCIATION, PEN AMERICAN CENTER, PERIODICAL AND BOOK ASSOCIATION OF AMERICA, PUBLISHERS MARKETING ASSOCIATION, and RECORDING INDUSTRY ASSOCIATION OF AMERICA, Plaintiffs, vs. GARY JOHNSON, in his official capacity as Governor of the State of New Mexico, and TOM UDALL, in his official capacity as Attorney General of the State of New Mexico, Defendants.

No. CIV 98-474 LH/DJS

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ORDER GRANTING PRELIMINARY INJUNCTION

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THIS MATTER comes before the Court on Plaintiffs' Motion for a Preliminary Injunction (Docket No. 10), filed May 28, 1998. The Court, having considered live testimony from five witnesses, including one expert, testimonial affidavits and declarations, exhibits, the Joint Stipulation on [sic] Facts, and the arguments of counsel at the hearing held in this matter on June 22 and 23, 1998, finds for the reasons set forth in its Findings of Fact and Conclusions of Law entered contemporaneously with this Order, that the motion is well taken and should be granted.

IT IS, THEREFORE, ORDERED that Plaintiffs' Motion for a Preliminary Injunction (Docket No. 10), filed May 28, 1998, is granted.

IT IS FURTHER ORDERED that Defendant Governor Gary Johnson and Defendant Attorney General Tom Udall, and, pursuant to Federal Rule of Civil Procedure 65(d), Defendants' officers, agents, servants, employees, and attorneys, including all of the district attorneys of the State of New Mexico, and those persons in active concert or participation with Defendants who receive actual notice of this order, are PRELIMINARILY ENJOINED from enforcing, prosecuting, investigating or reviewing any matter based on or premised upon Section 1(A) of 1998 New Mexico Laws, Chapter 64, to be codified at N.M. STAT. ANN. § 30-37-3.2(A).

IT IS FURTHER ORDERED that within ten days of the entry of this Order, Defendants shall send by registered mail a copy of this Order and the Findings of Fact and Conclusions of Law contemporaneously entered with this Order to each of the district attorneys of the State of New Mexico, and shall thereafter certify to the Court compliance with this directive.

IT IS FURTHER ORDERED that Plaintiffs' unopposed oral motion at the hearing held in this matter on June 23, 1998, to waive Federal Rule of Civil Procedure 65(c)'s requirement for a security is granted and that requirement is waived.

UNITED STATES DISTRICT JUDGE