A Certain Website Lets Anyone Sell Items to Buyers Around

Essay

A certain website lets anyone sell items to buyers around the world. The site's policies include prohibitions on selling particular illegal items. The site also tells sellers that they cannot list items in jurisdictions where the sale of those items would violate the jurisdiction's applicable laws. The European Union has an antiterrorism law prohibiting the sale over the Internet of items relating to and supporting the Irish Republican Army. The website had several IRA items for sale, and the
E.U. found this to be a violation of its law. Would a U.S. court find the same?
No. An American court would hold that it would not be bound by the European judgment because it is inconsistent with the U.S. Constitution. The IRA is a political organization. The items promoting the IRA would be protected under the right to free speech. This decision would follow the reasoning and holding of the Yahoo! case.