A website lets anyone sell items to buyers from around the world.The site's policies for the items being sold included prohibitions on particular illegal items from being sold.It also tells sellers that they could not list items in jurisdictions where the sale of the item would violate the jurisdiction's applicable laws.The
E.U. found a violation of their law. Would a U.S. court find the same?
No. An American court would hold that they would not be bound by the European judgment because it is inconsistent with the U.S. Constitution. The IRA is political organization. The items promoting the IRA would be protected under the right to free speech. This decision would follow the reasoning and holding of the Yahoo! case.
E.U. has an anti-terrorism law prohibiting the sale of pro-Irish Republican Army related items on the internet. The website has several IRA items for sale. The
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