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American Libraries Association v. Pataki - Significance, Negative Commerce Clause Applies To Internet, Impact, Ralph Nader, Mayhem Manuals, Further Readings

york plaintiff decision sources

Plaintiff

American Libraries Association, et al.

Defendant

George Pataki, Governor of the State of New York, et al.

Plaintiff's Claim

That a New York law prohibiting the dissemination of obscene materials to children through a computer placed impermissible burdens on commerce between the states, and was thus unconstitutional.

Chief Lawyer for Plaintiff

Jeanne Lahiff, Assistant Attorney General of the State of New York

Chief Defense Lawyer

Michael K. Hertz

Judge

Loretta A. Preska

Place

New York, New York

Date of Decision

20 June 1997

Decision

That the New York statute placed substantial burdens on the free flow of commerce and conflicted with generally applicable federal laws, and thus was unconstitutional.

Related Cases

  • Gibbons v. Ogden, 22 U.S. 1 (1824).
  • Price v. Bruce Church, Inc., 397 U.S. 137 (1970).
  • Healy v. The Beer Institute, 491 U.S. 324 (1989).
  • Reno v. American Civil Liberties Union, 512 U.S. 844 (1997).

Sources

Current Biography, 1986 p. 402.

Sources

Hernandez, Debra Gersh. "Mayhem Online." Editor & Publisher, 24 June 1995, p. 34.

Arizona v. Evans - Significance, Tempting Arrest, The Exclusionary Rule, Reagan-era Reversal, The Decision, A Growing Movement To Rescind The Exclusionary Rule [next] [back] American Civil Liberties Union v. Miller - Significance, Legal Action Created Politically Diverse Group Of Plaintiffs, Jurisdiction A Question Of Precedent, A Question Of First Amendment Rights

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