In re Attorney-Gen., 178 N.E.2d 228 (N.Y. 1961). · Go Syfert
In re Attorney-Gen., 178 N.E.2d 228 (N.Y. 1961). Cases Citing This Book View Copy Cite
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In the Matter of the Attorney-General of the State of New York, American Research Council, Inc., Nicolas Darvas
New York Court of Appeals.
Oct 5, 1961.
178 N.E.2d 228
1961 N.Y. LEXIS 1032
Milton A. Bass for motion., Louis J. Lefkowitz, Attorney-General (Samuel A. Hirshowitz of counsel), opposed.
Published

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.