Legal Opinion

Eclipse Enterprises, Inc. v. Gulotta

District Court, E.D. New York

Decided September 26, 1996No. CV 92-3416 (ADS)PublishedCited by 4 opinions

1Opinion of the Court

SPATT, District Judge:

This lawsuit addresses the constitutionality of Nassau County Local Law No. 11-1992 (“Local Law 11-1992”) which provides that selling trading cards to minors which depict a “heinous crime, an element of a heinous crime, or a heinous criminal and which is harmful to minors” is a Class A misdemean- or. According to the plaintiffs Eclipse Enterprises, Inc., doing business as Eclipse Comics, (“Eclipse”), and Wantagh Distributors, Inc., doing business as Collectors Comics (“Comics,” collectively the “plaintiffs”), Local Law 11-1992 violates their free speech, due process and…

2Cases cited30 opinions

  1. Miller v. CaliforniaSupreme Court of the United States · 1973
  2. Perry Education Ass'n v. Perry Local Educators' Ass'nSupreme Court of the United States · 1983
  3. Chaplinsky v. New HampshireSupreme Court of the United States · 1942
  4. Central Hudson Gas & Electric Corp. v. Public Service CommissionSupreme Court of the United States · 1980
  5. Turner Broadcasting System, Inc. v. Federal Communications CommissionSupreme Court of the United States · 1994

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3Cited by4 opinions

  1. Nassau County Employee "L" v. County of NassauDistrict Court, E.D. New York · 2004
  2. Feldman v. Nassau CountyDistrict Court, E.D. New York · 2004
  3. Eclipse Enterprises, Inc. v. GulottaCourt of Appeals for the Second Circuit · 1997
  4. Eclipse Enterprises, Inc. v. Thomas GulottaCourt of Appeals for the Second Circuit · 1997

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