Rebecca Hagelin: Porn targets kids
Washington Times: “America is raising a generation of children on porn – and your child just might be one of them. According to the London School of Economics, nine out of 10 teens who go online will view pornography. The Kaiser Family Foundation reports that 70 percent of those who viewed porn stumbled across it – many while innocently doing their homework – and had not been looking for it.”
2nd Circuit: Multiple images on one hard drive amount to “one unit of prosecution”
In U.S. v. Polouizzi, No. 08-1830-er (2nd Cir. April 24, 2009), the Second Circuit considered, among other procedural matters, whether the possession of multiple images of child pornography (acquired from the same source on different days) on one external hard drive is properly prosecuted as “one unit” of possession or as several different counts.
Federal judge rules that police arrests following SOB violations did not restrain “free speech”
In Club 21 LLC v. City of Shoreline, No. C08-0078 MJP (W.D. Wash. April 24, 2009), plaintiffs Club 21 argued that the City of Shoreline’s enforcement of its sexually oriented business ordinance “presented an unconstitutional prior restraint on free speech” because undercover officers, having “observed violations of the four foot rule,” temporarily closed the club and arrested a number of dancers and managers—thereby restraining speech.
With Narrow Reading of Child Porn Law, Court Dodges a Dilemma
Trial: “First, Scalia noted, the scienter requirement—that the defendant must have acted “knowingly”—applies to every element of the statute. Also, “the defendant must actually have held the subjective ‘belief’ that the material or purported material was child pornography.” Obviously, if someone believes the material is “purported” and not real, it’s impossible for that person to believe that the material is child pornography.”
If Obscenity Were to Discriminate
Northwestern University Law Review: “In her thoughtful essay, When Obscenity Discriminates, Professor Elizabeth Glazer argues that First Amendment obscenity doctrine, as it relates to portrayals of gay and lesbian sex (“gay sex”), violates the Equal Protection Clause of the U.S. Constitution, and, somewhat paradoxically, the First Amendment itself.”
Mary Eberstadt: Is Pornography the New Tobacco?
Policy Review: “The example of tobacco shows that one can indeed take a substance to which many people are powerfully drawn and sharply reduce its consumption via a successful revival of social stigma.”
WA Supreme Court holds that “one count per possession” is “proper unit of prosecution” in child porn cases
In Washington v. Sutherby, No. 80169-0 (Wash. April 9, 2009), the Washington Supreme Court—agreeing with a Court of Appeals decision—held that “the proper unit of prosecution” for the possession of child pornography is one. Sutherby was originally convicted in a jury trial on, among other things, 10 counts of the possession of child pornography. Investigators had found “several files containing pictures of children engaged in sexually explicit conduct.”
Cali. holds that “not all portrayals of sexual activity are obscene”
In People v. David Lawrence Dyke, A117955 (Cal. Super. April 9, 2009), Mr. Dyke appeals his conviction via jury trial for exhibiting harmful matter to a minor in violation of Pen. Code,1 § 288.2, subd. (a). His daughter’s friend (A.S.), aged 16, testified that Dyke had, in the course of “flipping through the television channels,” allowed two pornographic scenes to linger on the television for about 1-8 minutes and 45 seconds, respectively. Dyke was also convicted for misdemeanor sexual battery for his actions subsequent to the issue on appeal.
Federal judge strikes down Maryland county’s SOB ordinance for violation of Equal Protection Clause
In Legend Night Club v. Prince George’s County Board of Commissioners, No. MJG-05-2138 (D. Md. April 2, 2009), Judge Marvin J. Garbis struck down a sexually oriented business ordinance in Prince George’s County, Maryland.
