From: Steve Schear <azur@netcom.com>
Date: Sat, 21 Jun 1997 12:20:26 +0800
To: Mac Norton <mnorton@cavern.uark.edu>
Subject: Re: Courts strike down New York and Georgia Net-censorship laws
In-Reply-To: <v03102802afd0a943ff87@[10.0.2.15]>
Message-ID: <v03102800afd101d568ca@[10.0.2.15]>
MIME-Version: 1.0
Content-Type: text/plain



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



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