CAREY v. POPULATION SERVICES INTERNATIONAL

No. 75-443.

431 U.S. 678 (1977)

CAREY, GOVERNOR OF NEW YORK, ET AL. v. POPULATION SERVICES INTERNATIONAL ET AL.

Supreme Court of United States.

Decided June 9, 1977.


Attorney(s) appearing for the Case

Arlene R. Silverman, Assistant Attorney General of New York, argued the cause for appellants. With her on the briefs were Louis J. Lefkowitz, Attorney General, and Samuel A. Hirshowitz, First Assistant Attorney General.

Michael N. Pollet argued the cause for appellees. With him on the brief was Steven Delibert.*


MR. JUSTICE BRENNAN delivered the opinion of the Court (Parts I, II, III, and V), together with an opinion (Part IV), in which MR. JUSTICE STEWART, MR. JUSTICE MARSHALL, and MR. JUSTICE BLACKMUN joined.

Under New York Educ. Law § 6811 (8) (McKinney 1972) it is a crime (1) for any person to sell or distribute any contraceptive of any kind to a minor under the age of 16 years; (2) for anyone other than a licensed pharmacist...

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