New York Court of Appeals, 1961

In re Attorney-General

In re Attorney-General
New York Court of Appeals · Decided October 5, 1961
10 N.Y.2d 810; 221 N.Y.S.2d 512; 178 N.E.2d 228; 1961 N.Y. LEXIS 1032

In re Attorney-General

Opinion of the Court

Motion granted. Return of remittitur requested and, when returned, it will be amended by adding thereto the following: Upon the appeal herein there was presented and necessarily passed upon a question under the Constitution of the United States, viz.: Respondents contended that to construe article 23-A of the General Business Law of the State of New York to permit the Attorney-General to inquire into a book, such as the one in issue, rendered article 23-A unconstitutional because it infringed on the guarantees of free press set forth in the First and Fourteenth Amendments. The Court of Appeals held that article 23-A of the General Business Law as construed was constitutional.

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