A Certain Website Lets Anyone Sell Items to Buyers Around

question 63

Essay

A certain website lets anyone sell items to buyers around the world. The site's policies include prohibitions on selling particular illegal items. The site also tells sellers that they cannot list items in jurisdictions where the sale of those items would violate the jurisdiction's applicable laws. The European Union has an antiterrorism law prohibiting the sale over the Internet of items relating to and supporting the Irish Republican Army. The website had several IRA items for sale, and the
E.U. found this to be a violation of its law. Would a U.S. court find the same?
No. An American court would hold that it would not be bound by the European judgment because it is inconsistent with the U.S. Constitution. The IRA is a 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.

---

Definitions:

Morphemes

The smallest grammatical units in a language that carry meaning, such as prefixes, roots, and suffixes.

Morphemes

The smallest meaningful units in the grammar of a language.

Morphemes

The smallest meaningful units of language that cannot be further divided.

Phonemes

The smallest unit of sound in a language that can distinguish one word from another in a particular spoken language.