Legal Opinion
People v. Foley
New York Court of Appeals
Decided April 11, 2000PublishedCited by 70 opinions
1Opinion of the Court
OPINION OF THE COURT
Wesley, J.
The main issue in this appeal focuses on the constitu tionality of Penal Law § 235.22, enacted to address the convergence of predatory pedophile activity with Internet technology. Defendant contends that Penal Law § 235.22 is overbroad and vague, that it is a content-based restriction that cannot survive strict scrutiny under the First Amendment, and that it violates the Commerce Clause. We disagree. The statute has a significant and distinct feature: it criminalizes the use of sexually explicit communications designed to lure children into harmful conduct. We…
2Cases cited24 opinions
- Grayned v. City of RockfordSupreme Court of the United States · 1972
- Broadrick v. OklahomaSupreme Court of the United States · 1973
- Miller v. CaliforniaSupreme Court of the United States · 1973
- New York v. FerberSupreme Court of the United States · 1982
- Globe Newspaper Co. v. Superior Court, County of NorfolkSupreme Court of the United States · 1982
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3Cited by70 opinions
- People v. StuartNew York Court of Appeals · 2003
- Ex parte IngramCourt of Criminal Appeals of Texas · 2017
- People v. KeeblerAppellate Division of the Supreme Court of the State of New York · 2005
- State v. BacklundNorth Dakota Supreme Court · 2003
- People v. MojicaAppellate Division of the Supreme Court of the State of New York · 2009
65 more not listed; retrieve them via the Exa API.