Majority
p. 810In the Matter of the Attorney-General of the State of New York, Appellant. American Research Council, Inc., Nicolas Darvas et al., Respondents. Submitted October 2, 1961; decided October 5, 1961.
p. 811
Milton A. Bass for motion.
Louis J. Lefkowitz, Attorney-General (Samuel A. Hirshowitz of counsel), opposed.
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.