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AMERICAN BOOKSELLERS FOUNDATION v. DEAN

No. 1:01-CV-46.

202 F.Supp.2d 300 (2002)

AMERICAN BOOKSELLERS FOUNDATION FOR FREE EXPRESSION, et al., Plaintiffs, v. Howard DEAN, in his official capacity as Governor of the State of Vermont, et al., Defendants.

United States District Court, D. Vermont.

April 18, 2002.

Attorney(s) appearing for the Case

Michael A. Bamberger, Sonnenschein, Nath & Rosenthal, New York, NY, Charles Platto, Nolan C. Burkhouse, Sarah S. North, Law Office of Charles Platto, Norwich, VT, for American Booksellers Foundation for Free Expression, Ass'n of American Publishers, Freedom to Read Foundation, National Ass'n of Recording Merchandisers, Northshire Info., Inc., PSINet Inc., Recording Industry Ass'n of American, Inc., Sexual Health Network, Inc.

David Seth Putter, Putter & Edson, LLP, Montpelier, VT, Michael A. Bamberger, Sonnenschein, Nath & Rosenthal, New York, NY, Markus Brakhan, Law Office of Markus Brakhan, Burlington, VT, Charles Platto, Nolan C. Burkhouse, Sarah S. North, Law Office of Charles Platto, Norwich, VT, for American Civil Liberties Union of Vermont.

Joseph Leon Winn, Vermont Attorney General's Office, Montpelier, VT, for Howard Dean, William H. Sorrell, Lauren Bowerman, Dan M. Davis, Keith W. Flynn, Dale O. Gray, James A. Hughes, Vincent Illuzzi, James McKnight, James P. Mongeon, Joel W. Page, John Quinn, George E. Rice, Robert L. Sand, Terry Trono, William Wright.

MEMORANDUM OPINION: FINDINGS OF FACT AND CONCLUSIONS OF LAW

MURTHA, Chief Judge.

Plaintiffs, a variety of businesses and membership-based advocacy organizations that use the Internet to communicate, display, and access a broad range of speech and ideas, challenge the constitutionality of two Vermont statutes which criminalize the distribution to minors of any image or written material in an electronic format that is sexually explicit and which is found ...

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