[PLUG-TALK] Porn on the Net...
Paul
paul at punkrockbunnies.com
Tue Oct 27 20:38:03 UTC 2009
On Tue, 2009-10-27 at 10:56 -0700, Michael Moore wrote:
> Obscenity is not protected by the First Amendment. See:
>
> http://www.findlaw.com/01topics/06constitutional/cases.html
>
> for a good list of Supreme Court rulings in obscenity cases.
...
> Such a law could be enforced, if it applied to websites that met the
> legal definition of obscenity. Since obscenity has no First Amendment
> protection, there's nothing to stop any legislative body from passing
> laws restricting access to it or banning it altogether.
This is *Portland* LUG talk list and the Oregon Constitution, Art. I §8
says:
"No law shall be passed restraining the free expression of opinion, or
restricting the right to speak, write, or print freely on any subject
whatever; but every person shall be responsible for the abuse of this
right."
and the Oregon Supreme Court has ruled:
''In this state any person can write, print, read, say, show or sell
anything to a consenting adult even though that expression may be
generally or universally 'obscene,' ''
(see:
http://www.nytimes.com/1987/04/15/us/oregon-court-broadens-free-speech-rights.html)
This was in regards to an attempted prosecution to selling obscene
materials so there very much are restrictions on the legislature
attempting to outlaw it, in fact it would be unconstitutional here in
Oregon.
Paul M
>
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