[fryguy]

With the right spin, I think it would still be allowed by a State to not allow a software in a market that violates an OSS license. This is because they are blocking software that doesn't have the right to be redistributed because it doesn't complete the requirements to be redistributed. The State isn't requiring the source to be revealed, just that it has the ability to redistribute the software.

To make a poor analogy, imagine that the law said States can't require people to kneel and kiss a pinky ring in order to enter the State. However, they can require a valid passport, even if in Guilder in order to get a passport you have to kneel and kiss the pinky ring of the King of Guilder.