In re Attorney-General

178 N.E.2d 228, 10 N.Y.2d 810, 221 N.Y.S.2d 512, 1961 N.Y. LEXIS 1032

Opinion

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.