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SOUTHEAST BOOKSELLERS ASS'N v. McMASTER

No. C.A. 2:02-3747-23.

371 F.Supp.2d 773 (2005)

SOUTHEAST BOOKSELLERS ASSOCIATION, et al., Plaintiffs, v. Henry D. McMASTER, Attorney General of South Carolina, et al., Defendants.

United States District Court, D. South Carolina, Charleston Division.

May 23, 2005.

Attorney(s) appearing for the Case

Armand Georges Derfner, Derfner, Altman and Wilborn, Charleston, SC, Herbert Edward Buhl, III, Columbia, SC, Janis Kestenbaum, Wilmer, Cutler and Pickering, Washington, DC, Michael A. Bamberger, Sonnenschein, Nath and Rosenthal, New York City, Peter Wilborn, Derfner and Wilborn, Charleston, SC, for Plaintiffs.

Charles Molony Condon, Office of Attorney General, Elizabeth R. McMahon, Henry Dargan McMaster, James Emory Smith, Jr., Robert Dewayne Cook, Thomas Stephen Lynch, SC Attorney General's Office, Treva G. Ashworth, Columbia, SC, for Defendants.

Henry Dargan McMaster, SC Attorney General's Office, Columbia, SC, pro se.

AMENDED ORDER

DUFFY, District Judge.

In this action, Plaintiffs have brought a pre-enforcement constitutional challenge to permanently enjoin the operation of S.C.Code § 16-15-385, which provides criminal sanctions for "disseminating harmful material to minors" as applied to "digital electronic files" under S.C.Code Ann. § 16-15-375(2) that are sent or received via the Internet. See S.C.Code Ann. § 16-15-375; S.C.Code Ann. &...

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