American Booksellers Ass'n v. Schiff

SETH, Circuit Judge.

The plaintiffs in this action — publishers, distributors, and sellers of books, magazines, and other printed and visual materi*1200als — sought a judgment in federal district court declaring unconstitutional, and permanently enjoining from enforcement, a New Mexico law that regulates the display of material deemed “harmful to minors.” The trial court determined, sua sponte, that the plaintiffs failed to establish a case or controversy under Article III of the Constitution, and therefore dismissed the action for lack of subject matter jurisdiction. 649 F.Supp. 1009. Because we…