In 2000, Vermont Governor Howard Dean signed into law Act No. 124, “An Act Relating to Internet Crimes,” which extended to internet communications
13 V.S.A. § 2802's prohibition against distributing to minors sexually explicit materials that are “harmful to minors.” 2000 Vt. Acts & Resolves 124 § 7;
13 V.S.A. § 2802 (1998). On February 7, 2001, plaintiffs sought declaratory and injunctive relief from enforcement of the amended statute on the basis that it violated the First Amendment and the dormant Commerce Clause. In response, the Vermont General Assembly passed Act No. 41, which limited
13 V.S.A. § 2802 to dissemination of indecent material to a minor “in the presence of a minor” and created a new provision,
13 V.S.A. § 2802a, which prohibited dissemination to minors of indecent material that is “harmful to minors” when the dissemination occurs “outside the presence of the minor” but the disseminator has “actual knowledge” that the recipient is a minor. 2001 Vt. Acts & Resolves 41. Plaintiffs amended their complaint to allege First Amendment and dormant Commerce Clause violations with the enactment of amended
§ 2802 and the new
§ 2802a.