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DISTRIBUTION SYSTEMS v. OLD WESTBURY

No. CV 91-5060 (ADS).

785 F.Supp. 347 (1992)

DISTRIBUTION SYSTEMS OF AMERICA, INC., Plaintiff, v. VILLAGE OF OLD WESTBURY, Defendant.

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

February 28, 1992.

Attorney(s) appearing for the Case

Meltzer, Lippe, Goldstein & Wolf, P.C., Mineola, N.Y. (James P. Duffy, III, of counsel), for plaintiff.

Farrell, Fritz, Caemmerer, Cleary, Barnosky & Armentano, Uniondale, N.Y. by John M. Armentano, Barbara Quinn McElroy, for defendant.

OPINION AND ORDER

SPATT, District Judge.

Much has been made of our Constitution's "most majestic guarantee"1—the freedom of speech. No doubt one of the more familiar theories of free speech is the often-quoted passage of Justice Holmes that "the best test of truth is the power of the thought to get itself accepted in the competition of the market" (Abrams v. United States...

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