PA: Federal judge enjoins Wyoming County D.A. from disciplining or prosecuting “sexting” teenagers for child pornography

Following an investigation into several “sexting” incidents within the Pennsylvania School District, Wyoming County District Attorney George Skumanick threatened to charge three female students (all minors) with either the possession or distribution of child pornography (see 18 Pa.C.S. 6312) unless they completed a lengthy probationary program of education and counseling in which they would be required to describe the “wrongness” of their behavior.

The Pornographic Secondary Effects Doctrine

Alabama Law Review: “This article aims to re-evaluate the secondary effects doctrine in a way that is more transparent. Appreciating the functional basis of the secondary effects doctrine is useful for understanding the doctrine’s limitations, as well as for analyzing new types of regulation that may arguably fall within its scope.”

March 30, 2009 | Comments Off  Tags:

A Case Study of the Children’s Internet Protection Act in South Dakota

South Dakota Law Review: “[T]he lingering issue is whether that filtering effort, as alleged by the CIPA opponents, unduly restricts the free speech rights of adults. A study was designed to determine how often adults were denied access to information at South Dakota public libraries using the federal E-rate program as a filter on library terminals.”

March 27, 2009 | Comments Off  Tags: , ,

W.D. Missouri upholds Jackson County SOB ordinance

In Enlightened Reading, Inc., et. al. v. Jackson County, No. 08-0209-CV-W-FJG (W.D. Mo., March 24, 2009), the Chief Judge of the Western District of Missouri granted Jackson County’s motion for judgment on the pleadings on all issues in a challenge to the County’s comprehensive SOB ordinance.

6th Circuit seeks guidance from OH high court on regulation of “matter harmful to minors”

In Am. Booksellers Found. for Free Expression v. Strickland, Nos. 07-4375/4376 (6th Cir. March 19, 2009), the U.S. Court of Appeals for the 6th Circuit has certified, sua sponte, a number of questions regarding Ohio Revised Code § 2907.31(D)(1)–which prohibits the “dissemination or display of material harmful to juveniles”–to the Supreme Court of Ohio.

Dancing with the Pornographers

First Things: “One look at the data reveals the porn-star life is as solitary, poor, nasty, brutish, and short as you get.”

March 18, 2009 | Comments Off  Tags: ,

Existing Uses and the Limits of Land Use Regulations

New York University Law Review: “This Article ultimately concludes that existing uses should not be entitled to any special judicial protection but instead should be subject to the same takings and due process analysis that applies to all regulations and government actions.”

March 4, 2009 | Comments Off  Tags: ,

NJ court rules that “common sense” rationale is insufficient to establish gov’t interest in SOB case

In Township of Cinnaminson v. Robert Bertino, No. A-2074-07T12074-07T1 (N.J. Super. App. Div. March 2009), a New Jersey appellate court reversed a trial court ruling upholding a Cinnaminson zoning ordinance restricting “the location where commercial establishments that sell adult videos and novelty items can operate.”