Docket No. 105453.
THE STATE OF ILLINOIS
THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. PAUL
Opinion filed November 19, 2009.
JUSTICE THOMAS delivered the judgment of the court, with
Chief Justice Fitzgerald and Justices Freeman, Kilbride, Garman,
Karmeier, and Burke concurred in the judgment and opinion.
This case involves the constitutionality of Illinois statutory
provisions that make criminal offenses out of the acts of pirating
sound recordings produced by others and failing to identify sound
recordings with a label containing the actual name and address of the
person who manufactured the recording. The appellate court found
that the antipiracy provision was preempted by the federal Copyright
Act of 1976, but it then rejected due process and first amendment
challenges to the constitutionality of the labeling provision, which
proscribes use of unidentified sound recordings. For the reasons that
follow, we affirm the judgment of the appellate court in all respects.