This column reports on several significant, representative decisions handed down recently in the U.S. District Court for the Eastern District of New York. In a case involving a defendant who had served his sentence for receiving child pornography, Judge Jack B. Weinstein vacated as unconstitutional a condition of supervised release that defendant not attend church services with minors present. In three separate cases Judges Roslynn R. Mauskopf, Pamela K. Chen and Frederic Block ruled on motions to compel arbitration. And Judge Chen held that the Organic Food Production Act of 1990 preempted state law claims alleging improper labeling of infant formula.
Bail Condition
In United States v. Hernandez, 09 CR 703 (EDNY, Sept. 20, 2016), where defendant had been convicted of receiving child pornography, 18 U.S.C. §2252(a)(2), Judge Weinstein held that a condition of supervised release prohibiting defendant from attending church services with minors present violated his First Amendment right to participate in religious rites.
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