At 6:41 PM -0500 6/20/97, Mac Norton wrote:
On Fri, 20 Jun 1997, Steve Schear wrote:
But the rulings differ in important ways. Manhattan's Judge Preska did not answer whether the New York law violated the First Amendment, saying she was going to wait for the U.S. Supreme Court's to rule on the Communications Decency Act. She said, however, that she didn't *need to answer* that question to strike down the law since it violated the U.S. Constitution's ban on states attempts to regulate commerce outside their borders.
Might this also mean that states attempting to restrict Internet gaming might similarly be restrained?
Not necessarily, and that's ilustrative of one of the problems with this decision on Commerce Clause grounds. Is child porn, like other articles of "commerce", generic across state lines, or is it subject to a Miller "community standard"? Same for the "harmful to minors" standard? MacN
Seems to me that community standards ahould only be applied when the violation occurs completely within the confines of the local jurisdiction, not via requested transmission from another jurisdiction. --Steve PGP mail preferred Fingerprint: FE 90 1A 95 9D EA 8D 61 81 2E CC A9 A4 4A FB A9 --------------------------------------------------------------------- Steve Schear | tel: (702) 658-2654 CEO | fax: (702) 658-2673 First ECache Corporation | 7075 West Gowan Road | Suite 2148 | Las Vegas, NV 89129 | Internet: azur@netcom.com --------------------------------------------------------------------- I know not what instruments others may use, but as for me, give me Ecache or give me debt. SHOW ME THE DIGITS!