◆ SpookStack

-§- Despite the obvious clarity and definite delineation of this section, four judges of the state's highest court were swayed by the absurd argument of an American Civil Liberties Union attorney, asserting its unconstitutionality on the grounds that it abridges freedom of the press, violates the First Amendment and violates the |4th Amendment by denying due process of law in that the language is too vague for a criminal statute. In dissenting sharply, Judge Adrian P. Burke wrote: "If there wos ever a stotute that set forth its objective in unmistakable language, 484 H of the Penal Law is it...yet we this day unbiushingly inform the iegisiature that we are not quite sure what it is talking about.. .after this display of self- resourcefulness of the judicial mind." Judge John P. Scileppi, another dissenting justice, wrote: “Courts should not read into the Constitution their own theories of psychology and criminology via the due process clause in order to find a way fo strike down an otherwise perfectly salutary and legally sound statute... It is regrettable that freedom of expression, one of our own most cherished liberties is used