Does Section 240.37 of the Federal Communications Act, which prohibits communications that are 'for the purpose' of criminal activity, infringe First Amendment rights?
"New York", United States of America
The following excerpt is from People v. Smith, 393 N.Y.S.2d 239, 89 Misc.2d 754 (N.Y. App. Term 1977):
Finally, since Section 240.37 prohibits only such communication which is 'for the purpose' of criminal activity, it does not infringe upon First Amendment rights (see, People v. Sprowal, 49 Misc.2d 806, 268 N.Y.S.2d 444 (AT 1), Aff'd, 17 N.Y.2d 884, 271 N.Y.S.2d 310, 218 N.E.2d 343, Appeal dismissed, 385 U.S. 649, 87 S.Ct. 768, 17 L.Ed.2d 670).
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