§Why CasetextPricing

M.A. v. Village Voice Media Holdings,

MEMORANDUM in Opposition re MOTION to Dismiss Case Pursuant to Fed. R. Civ. P. 12

35 Cited authorities

  1. Roth v. United States

    354 U.S. 476 (1957)   Cited 2,331 times   2 Legal Analyses
    Holding that California obscenity statute was not preempted by federal law prohibiting the mailing of obscene material because the state law did not burden or interfere with the federal postal functions

  2. Hamdan v. Rumsfeld

    548 U.S. 557 (2006)   Cited 251 times   3 Legal Analyses
    Holding the military commission procedures established by an executive order invalid

  3. American Insurance Association v. Garamendi

    539 U.S. 396 (2003)   Cited 224 times   4 Legal Analyses
    Holding that treaties are "[s]ubject ... to the Constitution's guarantees of individual rights"

  4. Fair v. Roommates

    521 F.3d 1157 (9th Cir. 2008)   Cited 320 times   27 Legal Analyses
    Holding defendant liable for developing content by “not merely ... augmenting the content generally, but ... materially contributing to its alleged unlawfulness” when it required subscribers to provide information which enabled users of site to unlawfully discriminate in selecting a roommate

  5. Batzel v. Smith

    333 F.3d 1018 (9th Cir. 2003)   Cited 361 times   17 Legal Analyses
    Holding that the denial of an anti-SLAPP motion is appealable under § 1291

  6. Weinberger v. Rossi

    456 U.S. 25 (1982)   Cited 154 times
    Holding that term "treaty" also extends to executive agreements

  7. Blumenthal v. Drudge

    992 F. Supp. 44 (D.D.C. 1998)   Cited 133 times   3 Legal Analyses
    Holding that AOL was immune from suit under the CDA, despite contracting with, and promoting the activities of, a gossip columnist and rumor monger, in the absence of evidence that AOL "had some role in writing or editing the material" in the gossip column

  8. United States v. Jewell

    532 F.2d 697 (9th Cir. 1976)   Cited 233 times   1 Legal Analyses
    In Jewell there was no evidence that the defendant associated the presence of the secret compartment with the concealment of drugs; the Jewell court was satisfied that a jury could infer such a connection as a matter of common sense.

  9. Comm. of U.S. Citizens in Nicaragua v. Reagan

    859 F.2d 929 (D.C. Cir. 1988)   Cited 159 times   1 Legal Analyses
    Holding that "under domestic law, statutes supersede customary international law" and that statutes are not subject to challenge on the basis of a violation of customary international law

  10. Doe v. Liberatore

    478 F. Supp. 2d 742 (M.D. Pa. 2007)   Cited 87 times
    Holding that a jury could find that a church negligently retained and supervised a priest where there was evidence that the priest was "grooming" the minor plaintiff for a sexual relationship

  11. Section 2 - Principals

    18 U.S.C. § 2   Cited 23,926 times   57 Legal Analyses
    Holding aiders and abettors punishable as principals under federal criminal law

  12. Section 2252 - Certain activities relating to material involving the sexual exploitation of minors

    18 U.S.C. § 2252   Cited 6,282 times   33 Legal Analyses
    Punishing one who “knowingly sells or possesses” child pornography

  13. Section 2252A - Certain activities relating to material constituting or containing child pornography

    18 U.S.C. § 2252A   Cited 6,012 times   33 Legal Analyses
    Making it a crime to knowingly receive the child pornography itself

  14. Section 2251 - Sexual exploitation of children

    18 U.S.C. § 2251   Cited 4,683 times   40 Legal Analyses
    Relating to child pornography

  15. Section 2422 - Coercion and enticement

    18 U.S.C. § 2422   Cited 2,929 times   24 Legal Analyses
    Providing for a maximum sentence of life and covering attempts

  16. Section 1591 - Sex trafficking of children or by force, fraud, or coercion

    18 U.S.C. § 1591   Cited 2,661 times   21 Legal Analyses
    Defining serious harm as "any harm, whether physical or nonphysical, including psychological [or] financial . . . harm, that is sufficiently serious . . . to compel a reasonable person of the same background and in the same circumstances to perform . . . commercial sexual activity in order to avoid incurring that harm"

  17. Section 2423 - Transportation of minors

    18 U.S.C. § 2423   Cited 2,109 times   12 Legal Analyses
    Punishing the offender who "knowingly [(adverb)] transports [(verb)] an individual [(direct object)] who has not attained the age of 18 years" (modifier of direct object)

  18. Section 2255 - Civil remedy for personal injuries

    18 U.S.C. § 2255   Cited 1,664 times   7 Legal Analyses
    Defining "minor" as "any person under the age of 18 years"

  19. Section 2421 - Transportation generally

    18 U.S.C. § 2421   Cited 1,302 times   5 Legal Analyses
    Providing for sentences of "not more than 10 years"

  20. Section 230 - Protection for private blocking and screening of offensive material

    47 U.S.C. § 230   Cited 1,030 times   168 Legal Analyses
    Limiting liability