Legal Opinion
Southeast Booksellers Ass'n v. McMaster
District Court, D. South Carolina
Decided May 23, 2005No. C.A. 2:02-3747-23PublishedCited by 2 opinions
1Opinion of the Court
AMENDED ORDER
DUFFY, District Judge.
In this action, Plaintiffs have brought a pre-enforcement constitutional challenge to permanently enjoin the operation of S.C.Code § 16-15-385, which provides criminal sanctions for “disseminating harmful material to minors” as applied to “digital electronic files” under S.C.Code Ann. § 16-15-375(2) that are sent.or received via the Internet. See S.C.Code Ann. § 16-15-375; S.C.Code Ann. § 16-15-385 (collectively hereinafter “the Act”). The parties are now before the court upon cross motions for summary judgment. Having thoroughly considered the parties’…
2Cases cited22 opinions
- Pike v. Bruce Church, Inc.Supreme Court of the United States · 1970
- Ginsberg v. New YorkSupreme Court of the United States · 1968
- City of Richmond v. J. A. Croson Co.Supreme Court of the United States · 1989
- Reno v. American Civil Liberties UnionSupreme Court of the United States · 1997
- Ashcroft v. Free Speech CoalitionSupreme Court of the United States · 2002
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3Cited by2 opinions
- Simmons v. StateSupreme Court of Florida · 2006
- American Booksellers Foundation for Free Expression v. SullivanDistrict Court, D. Alaska · 2011