Why The U.S. Commerce Clause Matters For Internet Law

from the don't-underestimate-the-commerce-clause dept

The “commerce clause” in the US Constitution is raised often enough when discussing internet legal issues concerning shipping goods from one state to another. There have been a bunch of discussions in the past few years about issues related to selling things like wine and cigarettes (or even contact lenses) across some state borders. As the arguments over these issues go to court, it’s helpful to understand what the commerce clause really means. Gigalaw has an interesting discussion of the commerce clause, and specifically how it applied to a case in NY about banning cigarette sales online.

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