GreenConsciousness: Thanks for picking up my piece, and please forgive my initial failure to reply to you–it was an inadvertent oversight, not intentional.
I believe your legal interpretation is correct concerning state vs. federal jurisdictional matters. My understanding is that here, due to the local long-arm statute and New York’s interpretation thereof, Supreme Court rulings on Constitutional matter would and probably should apply, but in effect will not be applied except in the unlikely event that the Second Circuit were to send the case back to the New York Court of Appeals ordering it to explain its reasoning concerning the First Amendment’s application or otherwise broaden its approach OR the even less likely event that the New York Court of Appeals were to miraculously reverse its narrow, defeatist ruling.
I am not an attorney, alas. But from what I understand this very technical issue concerns the International Shoe Doctrine.
In short, at this juncture, legislation is probably the only way to resolve this serious infraction of New Yorkers’ First Amendment rights.
