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COM. v. AMERICAN BOOKSELLERS ASS'N, INC.

Record No. 880090.

372 S.E.2d 618 (1988)

COMMONWEALTH of Virginia v. AMERICAN BOOKSELLERS ASSOCIATION, INC., et al.

Supreme Court of Virginia.

September 23, 1988.

Attorney(s) appearing for the Case

Richard B. Smith, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., Mark R. Davis, Asst. Atty. Gen., on briefs), for appellant.

Michael A. Bamberger, New York City (Jacqueline S. Glassman, Chicago, Ill., Maxwell Lillienstein, Steven Bierman, New York City; Burton Joseph, Paul M. Bator, Mark I. Levy, Chicago, Ill., Victor M. Glasberg, Alexandria, Sonnenschein, Carlin, Nath & Rosenthal; Mayer, Brown & Platt, Chicago, Ill., on brief), for appellees.

Present: All the Justices.

RUSSELL, Justice.

We here construe the 1985 amendment to Code § 18.2-391, which makes it a misdemeanor knowingly to display material "harmful to juveniles" in a manner whereby juveniles may examine and peruse it. Pursuant to our Rule 5:42, the Supreme Court of the United States, on January 25, 1988, certified to this Court the following questions of Virginia law:

1. Does the phrase "harmful to juveniles" as...

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