Legal Opinion

American Booksellers Foundation for Free Expression v. Dean

District Court, D. Vermont

Decided April 18, 2002No. 1:01-cv-00046PublishedCited by 10 opinions

1Opinion of the Court

MEMORANDUM OPINION: FINDINGS OF FACT AND CONCLUSIONS OF LAW

MURTHA, Chief Judge.

Plaintiffs, a variety of businesses and membership-based advocacy organizations that use the Internet to communicate, display, and access a broad range of speech and ideas, challenge the constitutionality of two Vermont statutes which criminalize the distribution to minors of any image or written material in an electronic format that is sexually explicit and which is found “harmful to minors.” See Vt.Stat.Ann. (“V.S.A.”) tit. 13, §§ 2802, 2802a (1998 & 2001 Supp.). Plaintiffs have not been charged or threatened…

2Cases cited62 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Younger v. HarrisSupreme Court of the United States · 1971
  3. Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.Supreme Court of the United States · 2000
  4. Elrod v. BurnsSupreme Court of the United States · 1976
  5. Hunt v. Washington State Apple Advertising CommissionSupreme Court of the United States · 1977

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3Cited by10 opinions

  1. Morris v. StateCourt of Criminal Appeals of Texas · 2011
  2. NYSA-ILA Medical & Clinical Services Fund Ex Rel. Capo v. CatucciDistrict Court, S.D. New York · 1999
  3. American Booksellers Foundation v. DeanCourt of Appeals for the Second Circuit · 2003
  4. IMS Health Inc. v. SorrellDistrict Court, D. Vermont · 2009
  5. American Booksellers Foundation v. DeanCourt of Appeals for the Second Circuit · 2003

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