American Booksellers Foundation for Free Expression v. Strickland
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American Booksellers Foundation 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 to juveniles of certain sexually-explicit materials or performances. 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[2] on the statute.[3] Since the Ohio Supreme Court's decision, the Sixth Circuit has not reheard the case.
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 |
Case history | |
Prior history | 512 F. Supp. 2d 1082 (S.D. Ohio 2007) |
Subsequent history | 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 | |
Majority | Martin, joined by unanimous |
Laws applied | |
U.S. Const. Amend. I, Commerce Clause |