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PSINET, INC. v. CHAPMAN

No. 01-2352.

317 F.3d 413 (2003)

PSINET, INCORPORATED; Charlottesville Sexual Health & Wellness Clinic; Portico Publications, Ltd., Publisher of Charlottesville Weekly; Silverchair Science Communications, Incorporated; Commercial Internet Exchange Association; Virginia ISP Alliance; Rockbridge Global Village; American Booksellers Foundation for Free Expression; The Periodical and Book Association of America, Incorporated; Freedom to Read Foundation; Sexual Health Network; Chris Filkins, Proprietor of the Safer Sex Institute; Harlan Ellison; The Comic Book Legal Defense Fund; Susie Bright; A Different Light Bookstores; Lambda Rising Bookstores; Bibliobytes; People for the American Way, Plaintiffs-Appellees, and United States Internet Service Provider Association, Plaintiff, v. Warren D. CHAPMAN, Commonwealth Attorney; James L. Cambloss, III, Commonwealth Attorney, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Filed January 28, 2003.

Attorney(s) appearing for the Case

ARGUED: William Henry Hurd, State Solicitor, Office of the Attorney General, Richmond, Virginia, for Appellants. Thomas W. Kirby, Wiley, Rein & Fielding, L.L.P., Washington, D.C., for Appellees. ON BRIEF: Jerry W. Kilgore, Attorney General of Virginia, Alison P. Landry, Assistant Attorney General, Office of the Attorney General, Richmond, Virginia, for Appellants. Garrett M. Smith, Michie, Hamlett, Lowry, Rasmussen & Tweel, P.C., Charlottesville, Virginia; Michael A. Bamberger, Sonnenschein, Nath & Rosenthal, New York, New York; Elliot M. Mincberg, Lawrence S. Ottinger, People for the American Way Foundation, Washington, D.C.; Robert M. O'Neil, J. Joshua Wheeler, The Thomas Jefferson Center for the Protection of Free Expression, Charlottesville, Virginia, for Appellees.

Before NIEMEYER, Circuit Judge, SPENCER, United States District Judge for the Eastern District of Virginia, sitting by designation, and DAVIS, United States District Judge for the District of Maryland, sitting by designation.

Certification Order, entered by Judge NIEMEYER with the concurrences of Judge SPENCER and Judge DAVIS.

ORDER OF CERTIFICATION TO THE SUPREME COURT OF VIRGINIA

NIEMEYER, Circuit Judge.

The United States Court of Appeals for the Fourth Circuit, exercising the privilege afforded it by the Supreme Court of Virginia through its Rule 5:42 to certify questions of law to the Supreme Court of Virginia when a question of Virginia law is determinative in a...

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