[82178] in Cypherpunks
Re: Courts strike down New York and Georgia Net-censorship laws
daemon@ATHENA.MIT.EDU (Steve Schear)
Sat Jun 21 00:45:35 1997
In-Reply-To: <Pine.SOL.3.96.970620182926.6841B-100000@cavern.uark.edu>
Date: Fri, 20 Jun 1997 21:01:42 -0700
To: Mac Norton <mnorton@cavern.uark.edu>
From: Steve Schear <azur@netcom.com>
Cc: Declan McCullagh <declan@well.com>, cypherpunks@cyberpass.net
Reply-To: Steve Schear <azur@netcom.com>
At 6:41 PM -0500 6/20/97, Mac Norton wrote:
>On Fri, 20 Jun 1997, Steve Schear wrote:
>
>> >But the rulings differ in important ways. Manhattan's
>> >Judge Preska did not answer whether the New York law
>> >violated the First Amendment, saying she was going to
>> >wait for the U.S. Supreme Court's to rule on the
>> >Communications Decency Act. She said, however, that
>> >she didn't *need to answer* that question to strike
>> >down the law since it violated the U.S. Constitution's
>> >ban on states attempts to regulate commerce outside
>> >their borders.
>>
>> Might this also mean that states attempting to restrict Internet gaming
>> might similarly be restrained?
>
>Not necessarily, and that's ilustrative of one of the problems with this
>decision on Commerce Clause grounds. Is child porn, like other articles
>of "commerce", generic across state lines, or is it subject to a Miller
>"community standard"? Same for the "harmful to minors" standard?
>MacN
Seems to me that community standards ahould only be applied when the
violation occurs completely within the confines of the local jurisdiction,
not via requested transmission from another jurisdiction.
--Steve
PGP mail preferred
Fingerprint: FE 90 1A 95 9D EA 8D 61 81 2E CC A9 A4 4A FB A9
---------------------------------------------------------------------
Steve Schear | tel: (702) 658-2654
CEO | fax: (702) 658-2673
First ECache Corporation |
7075 West Gowan Road |
Suite 2148 |
Las Vegas, NV 89129 | Internet: azur@netcom.com
---------------------------------------------------------------------
I know not what instruments others may use,
but as for me, give me Ecache or give me debt.
SHOW ME THE DIGITS!
