[82162] in Cypherpunks
Re: Courts strike down New York and Georgia Net-censorship laws
daemon@ATHENA.MIT.EDU (Mac Norton)
Fri Jun 20 21:04:25 1997
Date: Fri, 20 Jun 1997 18:58:47 -0500 (CDT)
From: Mac Norton <mnorton@cavern.uark.edu>
To: Declan McCullagh <declan@well.com>
Cc: Steve Schear <azur@netcom.com>, cypherpunks@cyberpass.net
In-Reply-To: <Pine.GSO.3.95.970620151503.19203A-100000@well.com>
Reply-To: Mac Norton <mnorton@cavern.uark.edu>
On Fri, 20 Jun 1997, Declan McCullagh wrote:
> Steve -- Believe it or not, yes, state Net-gambling laws could fall under
> the dormant commerce clause and be struck down by courts. If they ruled
> consistently. I suspect they won't.
Congress has traditionally accorded states wide latitude in regulating
gambling, nor is gambling yet recognized by Congress as legitimate
commerce, generally speaking. It's still regarded as criminal
behavior. State murder laws are not unconstitutional on the ground
that contracts for killing are made ikn interstate commerce.:)
MacN
So, the dormant CC may not apply.