AMERICAN FUTURE SYS. v. STATE U. OF N.Y., CORTLAND

No. 82-CV-1363.

565 F.Supp. 754 (1983)

AMERICAN FUTURE SYSTEMS, INC., Kathleen Rapp and Todd Fox, Plaintiffs, v. The STATE UNIVERSITY OF NEW YORK COLLEGE AT CORTLAND, The Board of Trustees of the State of New York, Clifton R. Wharton, Jr., Individually and as Chancellor of the Board of Trustees, James M. Clark, Individually and as Chancellor of the Board of Trustees, James M. Clark, Individually and as President of the College at Cortland, Raymond Franco, Individually and as Director of Housing at the College at Cortland, Margaret Attermeier, Individually and as Randall Residence Hall Director at the College of Cortland, and Officer Edward B. Moore, Individually and in his Capacity as Campus Police Officer at the College at Cortland, Defendants.

United States District Court, N.D. New York.

June 3, 1983.


Attorney(s) appearing for the Case

Ronald H. Sinzheimer, Albany, N.Y., for plaintiffs; Duane, Morris & Heckscher, Henry T. Reath, George E. Pierce, Jr., Philadelphia, Pa., of counsel.

Robert Abrams, Atty. Gen. of the State of N.Y., Albany, N.Y., for defendants; Lawrence L. Doolittle, Asst. Atty. Gen., Albany, N.Y., of counsel.


McCURN, District Judge.

In one of the early Supreme Court cases involving what would now be called "commercial speech", the majority and two dissenting Justices were in confident agreement that a seller of mere "pots" or "gadgets or brushes" could claim no First Amendment protection for the hawking of such wares. Breard v. City of Alexandria, La., 341 U.S. 622, 641, 650 n. *, 71 S.Ct. 920, 932, 936 n. *, 95 L.Ed. 1233 (1951)...

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