Re: Courts strike down New York and Georgia Net-censorship laws

[Declan McCullagh <declan@well.com>]

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. 

This is a fascinating area. I'll probably post more about this over the
weekend.

-Declan



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?
> 
> 
> 
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