Courts strike down New York and Georgia Net-censorship laws

Mac Norton mnorton at cavern.uark.edu
Fri Jun 20 17:23:53 PDT 1997



On Fri, 20 Jun 1997, Declan McCullagh wrote:

> Steve -- Believe it or not, yes, state Net-gambling laws could fall under
> the dormant commerce clause and be struck down by courts. If they ruled
> consistently. I suspect they won't. 

Congress has traditionally accorded states wide latitude in regulating 
gambling, nor is gambling yet recognized by Congress as legitimate
commerce, generally speaking.  It's still regarded as criminal
behavior.  State murder laws are not unconstitutional on the ground
that contracts for killing are made ikn interstate commerce.:)
MacN

So, the dormant CC may not apply.







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