User:Mrumold
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{{Cleanup|date=October 2007}}
Am. Booksellers Found. for Free Expression v. Strickland | |
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Court | United States Court of Appeals for the Sixth Circuit |
Full case name | American Booksellers Foundation for Free Expression, et al. v. Ted Strickland, Richard Cordroy, et al. |
Decided | March 19, 2009 |
Citation(s) | 560 F.3d 443 (6th Cir. 2009) |
Case history | |
Prior action(s) | 512 F. Supp. 2d 1082 (S.D. Ohio 2007) |
Subsequent action(s) | 121 Ohio St. 3d 1496 (2009) (questions certified); 2010 Ohio 149 (January 27, 2010) (certified questions answered) |
Court membership | |
Judge(s) sitting | Chief Judge Boyce F. Martin, Jr.; Judge Raymond M. Kethledge; Chief Judge James G. Carr (sitting by designation) |
Case opinions | |
Chief Judge Boyce F. Martin, Jr. | |
Keywords | |
U.S. Const. Amend. I, Commerce Clause |
American Booksellers Association for Free Expression v. Strickland, 560 F.3d 443 (6th Cir. 2009), is a decision of the Sixth Circuit Court of Appeals involving a constitutional challenge, both facially and as applied to internet communications, to an Ohio statute prohibiting the dissemination or display of certain sexually-explicit materials or performances to juveniles. The Sixth Circuit panel declined to resolve the constitutional issue but, instead, certified two questions to the Ohio Supreme Court regarding the interpretation of the statute.[1] The Ohio Supreme Court answered both questions affirmatively and placed a narrowing construction on the statute.[2] Since the Ohio Supreme Court's decision, the Sixth Circuit has not reheard the case.