SC: Federal judge strikes statute regulating “adult business” billboards
Carolina Pride, Inc. v. McMaster, No. 3:08-04016-CMC (D.S.C. Aug. 13, 2009): A federal judge held that “a South Carolina law limiting the placement of billboards advertising adult businesses is unconstitutional.” The Sign Statute at issue, S.C. Code Ann. § 57-25-145 (enacted in 2006), “prohibits most businesses which offer sexually-oriented materials or entertainment from using any ‘offpremises, outdoor advertising . . . located within one mile of a public highway.’” Grandfathered signs, such as those at issue in this case, were given until February 2009 to come into compliance with the law. Carolina Pride sued and was granted a preliminary injunction–and the government appealed.
7th Circuit Authorities for Various SOB Ordinance Requirements
8th Circuit Authorities for Various SOB Ordinance Requirements
11th Circuit Authorities for Various SOB Ordinance Requirements
10th Circuit Authorities for Various SOB Ordinance Requirements
You Only Live Twice: How the First Amendment Impacts Child Pornography in Second Life
“This Comment explores whether virtual child pornography, as it appears [in Second Life], should be protected as free speech under the First Amendment.”
10th Circuit upholds child porn conviction based on evidence seized under drug-related warrant
U.S v. Burgess, No. 08-8053 (10th Cir. Aug. 11, 2009)
8th Circuit denies entrapment claim, upholds conviction for “enticing a minor” and attempted transfer of obscene material
The 8th Circuit affirmed Todd Wesley Myers’ conviction for “knowingly attempting to transfer obscene material to a person under the age of sixteen, in violation of 18 U.S.C. § 1470” and for “for enticing a minor to engage in criminal sexual activity” in violation of 18 U.S.C. § 2422(b). Myers had argued on appeal “that he was entrapped as a matter of law, that the evidence was insufficient to support his conviction, and that the district court erred in admitting evidence.”
9th Circuit Authorities for Various SOB Ordinance Requirements
Colorado Court of Appeals: Downloading child porn does not constitute “sexual exploitation of a child”
The Colorado Court of Appeals found that that “downloading and saving sexually exploitative material in a share-capable computer file” does not “constitute the felony offense of sexual exploitation of a child.”
