United States Third Circuit

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Free Speech Coalition v. Atty Gen US, 13-3681

In a challenge to the constitutionality of the Child Protection and Obscenity Enforcement Act of 1988's recordkeeping, labeling, and inspection requirements set forth in 18 U.S.C. sections 2257 and 2257A, and their accompanying regulations, 28 C.F.R. sections 75.1-75.9, in light of two recent Supreme Court cases, the District Court's judgment is: 1) remanded, where in light of Reed v. Town of Gilbert, 135 S. Ct. 2218 (2015), the statutes are content based, and therefore require strict scrutiny review under the First Amendment; and 2) vacated as to the denial of plaintiffs' First Amendment claims, where in light of City of Los Angeles v. Patel, 135 S. Ct. 2443 (2015), the inspection provisions of the Statutes and 28 C.F.R. section 75.5 are facially unconstitutional under the Fourth Amendment.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2016/06/08

Judges

  • SMITH

Court

  • United States Third Circuit

Counsel


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