5th Circuit: Crime of “producing” visual depiction of the sexual exploitation of a minor includes transmission via webcam
U.S. v. Nichols, No. 09-30487, 2010 WL 1286846 (5th Cir. March 30, 2010)
Crime of “producing” visual depiction of the sexual exploitation of a minor includes transmission via webcam.
AZ Court of Appeals: Downloading child porn constitutes “duplicating” rather than “receiving”
Arizona v. Windsor, No. 2 CA-CR 2009-0090, 2010 WL 1215064 (Ariz. App. Div. 2, March 30, 2010)
Remote downloading of child pornography constitutes “duplication” rather than “receiving.”
European Commission wants stronger sanctions against child sexual abuse, sexual exploitation and child pornography
European Commission Press Release: “The European Commission today proposed new rules obliging EU countries to impose more severe punishment on those who sexually abuse children. The proposal also calls for criminal prosecution of activities like ‘grooming’ (befriending children with the intention of sexually abusing them) and “sex tourism”, even if the child abuse has taken place outside the EU. The Commission also wants more to be done to prevent these offences and to protect the victims. It particularly wants to make sure that offenders can get tailor-made treatment so that they don’t abuse again.”
Internet porn is “sexual revolution times 1,000,” ex-official says
Salt Lake Tribune: “About 1,000 Utahns were told to join the ‘war on pornography’ Saturday at a conference aimed at teaching them how to protect themselves and their children against it or how to get help if they are addicted. ‘Internet pornography is the sexual revolution times 1,000,’ said Patrick Trueman, former chief of the U.S. Department of Justice’s Child Exploitation and Obscenity Section Criminal Division under President Reagan and President George H.W. Bush.” | Pornography Harms
3rd Circuit: Prosecutor’s offer of leniency to teens for sexting is unconstitutional retaliation
Miller v. Mitchell, No. 09-2144 (3rd Cir. March 17, 2010)?
9th Circuit: Nevada has right to restrict brothel advertising
Coyote Publishing, Inc. v. Miller, No. 07-16633 (9th Cir. March 11, 2010)
At issue in this case is whether Nevada’s “restrictions on advertising by legal brothels” violate the First Amendment.
2nd Circuit: Courts must consider “adequacy of alternative sites” at time of challenge to SOB ordinance
TJS of New York, Inc. v. Town of Smithtown, No. 08-2789-cv (2nd Cir. March 10, 2010)
2nd Circuit: When evaluating First Amendment challenges to a zoning ordinance, a court must consider the adequacy of alternatives at the time the ordinance is challenged.
Rebecca Hagelin: Web 2.0 runs wild
Rebecca Hagelin writing in the Washington Times: “Your child no longer has to be ‘bound’ at a desk in front of a computer screen to have the world — and everyone in it — at his or her fingertips. Every day, children who visit interactive sites interact with strangers. And, more and more often, homespun Internet porn has been appearing everywhere from the school bus to the back seat of Mom’s minivan.”
Teenage boys watching hours of internet pornography every week are treating their girlfriends like sex objects
Daily Mail: “‘Boys just want us to do all the stuff they see the porn stars do,’ one 16-year-old girl told me. ‘It’s as if we have to pretend we are in a movie’ . . . Latest figures suggest that boys spend as much as three hours a week gazing at porn; absorbing unrealistic images of aesthetically enhanced people, many of whom are engaged in multi-partner, violent and perverted sex acts.”
Law Review: Madisonian Pornography Or, The Importance of Jeffrey Sherman
“I will begin with the fundamentals of free speech theory. Why is there free speech protection at all? I will describe the classic answer to this question developed by James Madison. Then I will rebut the narrow construction of Madison’s argument that was once proffered by Robert Bork. I will show why Madison’s argument reaches toward, but does not fully defend, a right to pornography. Then I will show why Sherman’s work completes the Madisonian argument.”
