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CONNECTION DISTRIBUTING CO. v. HOLDER

No. 06-3822.

557 F.3d 321 (2009)

CONNECTION DISTRIBUTING CO.; Rondee Kamins; Jane Doe; John Doe, Plaintiffs-Appellants, v. Eric H. HOLDER, Jr., Attorney General, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 20, 2009.

Attorney(s) appearing for the Case

ARGUED: J. Michael Murray, Berkman, Gordon, Murray & Devan, Cleveland, Ohio, for Appellants. Jonathan F. Cohn, United States Department of Justice, Washington, D.C., for Appellee.

ON BRIEF: J. Michael Murray, Lorraine R. Baumgardner, Berkman, Gordon, Murray & Devan, Cleveland, Ohio, for Appellants. Anne Murphy, Thomas M. Bondy, United States Department of Justice, Washington, D.C., for Appellee.

SUTTON, J., delivered the opinion of the court, in which BOGGS, C. J., BATCHELDER, DAUGHTREY, GILMAN, GIBBONS, ROGERS, COOK, McKEAGUE, GRIFFIN, and KETHLEDGE, JJ., join. KENNEDY, J. (pp. 343-61), delivered a separate dissenting opinion in which MARTIN, MOORE, COLE, CLAY, and WHITE, JJ., joined. MOORE, J. (pp. 361-67), and CLAY, J. (pp. 367-69), delivered separate dissenting opinions, in which MARTIN and COLE, JJ., joined. WHITE, J. (pp. 369-72), also delivered a separate dissenting opinion.

SUTTON, Circuit Judge.

OPINION

At issue in this case is whether a provision of the Child Protection and Obscenity Enforcement Act of 1988, Pub.L. No. 100-690, § 7513, 102 Stat. 4485, 4487 (codified as amended at 18 U.S.C. § 2257), violates (1) the First Amendment's free-speech guarantee, either as applied to the plaintiffs or on its face, or (2) the Fifth Amendment's privilege against self-incrimination.

I.

A.

Prior...

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