cannot be segregated into adults and children, and should be permitted in the dial-a-porn context so that children are shielded from telephone pornography.
As dial-a-porn services aggressively sought out and established new markets, telephone companies, in response to public outcry, attempted to cut off services to dial-a-porn providers pursuant to state-filed tariffs. Faced with actual or threatened termination of its services in several states, dial-a-porn services filed suits for declaratory and injunctive relief to establish that termination of service by the telephone company would be a violation of 42 U.S.C. section 1983. The two essential elements of a section 1983 action are whether the conduct in question was committed by a person acting under color of state law, and whether this conduct deprived a person of rights, privileges, or immunities secured by the Constitution or the laws of the United States.
The courts are divided on whether a telephone company that disconnects its service due to violation of its state-filed tariff acts under co
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