The following excerpt is from State of N.Y. v. Sullivan, 889 F.2d 401 (2nd Cir. 1989):
5 For these reasons, we again disagree with the decision in Massachusetts v. Secretary of Health and Human Servs., No. 88-1279, slip op. at 41-43 (1st Cir. May 8, 1989) (holding that regulations violate First Amendment), opinion withdrawn and en banc rehearing granted, (order of Aug. 9, 1989).
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