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AMERICAN BOOKSELLERS FOUNDATION v. STRICKLAND

Nos. 07-4375, 07-4376.

560 F.3d 443 (2009)

AMERICAN BOOKSELLERS FOUNDATION FOR FREE EXPRESSION, et al., Plaintiffs-Appellees/Cross-Appellants, v. Ted STRICKLAND, Defendant, Richard Cordray, et al., Defendants-Appellants/Cross-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 19, 2009.

Attorney(s) appearing for the Case

ARGUED: Benjamin C. Mizer, Office of the Ohio Attorney General, Columbus, Ohio, for Appellants. Michael A. Bamberger, Sonnenschein Nath & Rosenthal, New York, New York, for Appellees. ON BRIEF: William P. Marshall, Michael D. Meuti, Office of the Ohio Attorney General, Columbus, Ohio, for Appellants. Michael A. Bamberger, Sonnenschein Nath & Rosenthal, New York, New York, Jennifer M. Kinsley, H. Louis Sirkin, Sirkin, Pinales & Schwartz, Cincinnati, Ohio, for Appellees.

Before MARTIN and KETHLEDGE, Circuit Judges; CARR, Chief District Judge.

ORDER OF CERTIFICATION TO THE SUPREME COURT OF OHIO

BOYCE F. MARTIN, JR., Circuit Judge.

Plaintiffs sued Ohio's Attorney General and county prosecutors, arguing that Ohio Revised Code § 2907.31(D)(1) is unconstitutional under the First Amendment and Commerce Clause. The district court permanently enjoined its enforcement "as applied to internet communications," on the basis that it is overbroad and violates the First Amendment. Am. Booksellers Found...

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