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Volume 2008, Issue 4

 

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NEWS

Patrick Trueman on Wallbuilders Live: Defending communities against sex businesses
Wallbuilders Live, 4.30.2008

Sacramento public library system continues policy allowing porn viewing
CNA, 4.29.2008

Internet child porn more pervasive, accessible
OneNewsNow, 4.28.2008

Internet porn ‘encourages teenagers to have sex early’
Sunday Herald, 4.27.2008

U.S. ’sex culture’ driving child prostitution
OneNewsNow, 4.25.2008

Drug dealers turn to sex business: 3 types of pimps
Alameda Times-Star, Barbara Grady, 4.24.2008

Bill: Stop selling Playboy, Penthouse on base
Army Times, Karen Jowers, 4.24.2008

FBI Director: ‘We’re Losing’ the Child Porn War
ABC, Jason Ryan, 4.23.2008

Kidzui: New Internet browser for kids designed to screen out the bad stuff
ADF Alliance Alert, 4.23.2008

Legalising prostitution in Las Vegas
BBC, Rosie Goldsmith, 4.17.2008

Trading Nude Photos Via Mobile Phone Now Part of Teen Dating, Experts Say
Fox News, 4.14.2008

Feds Indict Pornography Distributor
CitizenLink, 4.10.2008

Wal-Mart execs ignore child’s exposure to pornography
Morality in Media, 4.1.2008

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CASES

  • Commonwealth v. Ria Ora
    883 N.E.2d 1217 (Mass. Sup. Ct. April 10, 2008)
    Massachusetts Supreme Judical Court vacates a district court decision granting a motion to dismiss the case against a woman arrested for dancing nude during a protest in Harvard Square.
  • LAW REVIEWS

  • How “Swingers” Might Save Hollywood from a Federal Pornography Statute
    Alan R. Levy, 118 Yale L.J. Pocket Part 1 (2008)

  • Substantive Due Process: Sex Toys After Lawrence
    Michael J. Hooi, 60 Fla. L. Rev. 507 (2008)

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  • CASES

    Commonwealth v. Ria Ora 883 N.E.2d 1217 (Mass. Sup. Ct. April 10, 2008)

    Massachusetts Supreme Judical Court vacates a district court decision granting a motion to dismiss the case against a woman arrested for dancing nude during a protest in Harvard Square.

    Defendant Ria Ora was "arrested and charged with open and gross lewdness in violation of G.L. c. 272, § 16, for dancing nude at an “anti-Christmas” protest in the kiosk area of Harvard Square, Cambridge." Her motion to dismiss the Commonwealth's case against her was granted by a district court judge, who found G.L. c. 272, § 16 to be overbroad, and thus facially unconstitutional. Commonwealth appealed.

    In overturning the decision of the district court, the Supreme Judicial Court of Massachusetts, Middlesex determined that G.L. c. 272, § 16 - which reads:

    A man or woman, married or unmarried, who is guilty of open and gross lewdness and lascivious behavior, shall be punished by imprisonment in the state prison for not more than three years or in jail for not more than two years or by a fine of not more than three hundred dollars.

    - "cannot be constitutionally applied to public displays of lewdness and nudity unless they are imposed upon an unsuspecting or unwilling audience" (Revere v. Aucella, 338 N.E.2d 816). Though that language does not appear in the statute (enacted in 1784), judicial construction throughout the relevant case law has substantially limited its application and therefore "renders the statute facially constitutional."

    "Facial invalidation is inappropriate where a statute is readily subject to a narrowing construction (as we already have done concerning G.L. c. 272, § 16), so that it only marginally deters the exercise of the right of free expression, while 'the remainder of the statute ... covers a whole range of easily identifiable and constitutionally proscribable ... conduct.'"

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    LAW REVIEWS

    (Abstracts excerpted from articles, citations omitted)

    How “Swingers” Might Save Hollywood from a Federal Pornography Statute
    Alan R. Levy, 118 Yale L.J. Pocket Part 1 (2008)

    [The] recordkeeping statute [Section 2257 of title 18 of the U.S. Code] has generally been limited to the adult film industry, although recently the statute’s impact has crept into the realm of mainstream film and television. For over two decades, the statute has withstood numerous constitutional challenges by the adult film industry and civil libertarian organizations. On October 23, 2007, however, the U.S. Court of Appeals for the Sixth Circuit held that § 2257 was overbroad on its face and therefore unconstitutional.

    Although the Sixth Circuit has since vacated the Connection III [Connection is a publisher of "swingers" magazines, see the October CDR] decision to rehear the case en banc, this decision marks the first time that a federal appeals court has struck down the recordkeeping statute on constitutional grounds.

    Substantive Due Process: Sex Toys After Lawrence
    Michael J. Hooi, 60 Fla. L. Rev. 507 (2008)

    Case comment on Williams v. Morgan, 478 F.3d 1316 (11th Cir. 2007)

    The recent circuit split about the extent to which the states may regulate the distribution of sex toys confirms that, without clarification from the U.S. Supreme Court, Lawrence will likely continue to yield inconsistent outcomes. As these sex toy cases show, Lawrence will also likely continue to be applied to controversies beyond homosexual sodomy. The Fifth Circuit's recent decision provides the U.S. Supreme Court an opportunity to resolve the ongoing debate about Lawrence's scope. Perhaps the case for reviewing the decision is “compelling” because two circuits are now “in conflict” over how Lawrence, an important precedent, should be applied. Whatever becomes of the circuit split on the distribution of sex toys, the U.S. Supreme Court should take an opportunity in the near future to promote uniformity by clarifying Lawrence.

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