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Bradburn v. N. Cent. Reg’l Library Dist. (Wash.) [library internet filtering]
U.S. v. Bynum (4th Cir.) [ISP subpoenas]
U.S. v. Yang (E.D. Cal.) [child porn restitution]
Goppelt v. Ascension Parish Council (La. App.) [non-conforming use]
Fink v. Phelps (D. Del.) [units of prosecution]
U.S. v. Latham (9th Cir.) [possession/receipt]
Utah v. Coble (Utah App.) [lewdness and porn distribution as separate offenses]
American Booksellers Foundation for Free Expression v. Strickland (6th Cir.) [material to minors via electronic communications]
U.S. v. Burkhart (10th Cir.) [child porn - stale evidence & "hoarding"]
U.S. v. Vosburgh (3rd Cir.) [child porn - stale evidence]
Blue Movies, Inc., et. al. v. Louisville/Jefferson City Metro Gov’t (Ky.) [no touch - overbreadth]
Coyote Publishing, Inc. v. Miller (9th Cir.) [advertising legal brothels]
TJS of New York, Inc. v. Town of Smithtown (2nd Cir.) [zoning, alternative sites]
Miller v. Mitchell (3rd Cir.) [sexting]
U.S. v. Nichols (5th Cir.) [webcam child porn]
Arizona v. Windsor (Ariz. App. Div. 2) [downloading child porn]
Nunez v. Holder(9th Cir.) [indecent exposure / moral turpitude]
Flanigan’s Enterprises, Inc. v. Fulton County (11th Cir.) [SOB alcohol]
U.S. v. Bowers (6th Cir.) [homemade child porn]
People v. Eames (Supreme Court, New York County) [ISPs in child porn cases]
United States v. Little (11th Cir.) [circuit split on community standards applied to internet obscenity]
2010 January
Am. Booksellers Found. for Free Expression v. Cordray (Ohio) [electronic trans. of porn]
VIP of Berlin v. Town of Berlin (2nd Cir.) [SOB - def. of inventory]
U.S. v. Love (D.C. Cir.) [sentencing - internet ban]
U.S. v. Heckman (3rd Cir.) [sentencing - lifetime internet ban]
City of Salem v. Lawrow (Or. App.) [SOB - no-touch]
U.S. v. McCloud (8th Cir.) [interstate commerce; mistake of age]
U.S. v. Kain (8th Cir.) [child porn - knowing possession; mistake of age]
Treulich’s Plaza, LLC v. City of Phoenix (Ariz. App. Div. 1) [SOB - anecdotal, neighborhood testimony]
In re Amy (5th Cir.) [child porn - restitution]
Annex Books, Inc. v. City of Indianapolis (S.D. Ind.) [SOB - effect of regulation on secondary effects]
East Brooks Books, Inc. v. Shelby County, TN (6th Cir.) [incremental approach to combating secondary effects]
Entertainment Productions v. Shelby County, Tenn. (6th Cir.) [SOB definitions]
U.S. v. Dean (M.D. Ala.) [possession not lesser included offense of production]
U.S. v. Rogers (7th Cir.) [child porn - minor "consent"; prior offenses]
New Hampshire v. Howe (N.H.) [evidence admissibility]
U.S. v. McCarty (D. Hawaii) [TSA searches]
U.S. v. Santos (9th Cir.) [enticement of minor - interstate commerce]
U.S. v. Massey (E.D. Mo.) [warrant - IP, physical address sufficient]
- U.S. v. Pliego, (8th Cir. Aug. 31, 2009)(child pornography)
- Annex Books, Inc. v City of Indianapolis, (7th Cir. Sept. 3, 2009)(viewing booths secondary effects evidence)
- U.S. v. Noel, (7th Cir. Sept. 4, 2009) (child pornography)
- New Albany DVD, LLC, v. New Albany, (7th Cir., Sept. 10, 2009)(secondary effects evidence – “live entertainment”)
- 1568 Montgomery Highway, Inc. v. City of Hoover, (AL Sup. Ct., Sept. 11, 2009) (public morality and regulation of “sex toys”)
- Iowa v. Canal, Jr., (Iowa, Sept. 18, 2009) (obscenity dissemination to a minor – “sexting”)
- Ferrick v. Alaska, (Alaska App., Sept. 18, 2009)(child pornography, overbreadth)
- 729, Inc., et. al. v. Kenton County Fiscal Court, (E.D. Ky., Sept. 24, 2009) (SOB licensing fees amount)
- Town of Cross Plains v. Kitt’s “Field of Dreams” Korner, Inc., (Wis. App., Sept. 24, 2009)(SOB as nonconforming use)
- Willis, et. al. v. City of Atlanta, et. al., (Ga. Sept. 28, 2009)(alcohol and SOB entertainment licensing, minors)
- Law Review: Death to “Child Erotica”
- Law Review: Barnes v. Glen Theatre, Inc.: The Naked Truth
- People v. Mantos, (Colo. App., Aug. 6, 2009)(Internet downloads, child pornography)
- U.S. v. Edward Curtis Bobb, (11th Cir., Aug. 6, 2009) (possession of child pornography, Double Jeopard)
- U.S v. Burgess, (10th Cir. Aug. 11, 2009) (search warrant, child pornography)
- Carolina Pride, Inc. v. McMaster, (D.S.C. Aug. 13, 2009) (regulation of SOB signage)
- People v. Josephitis, (Ill. App., Aug. 19, 2009) (child pornography, Internet auto-caching)
- Law Review: You Only Live Twice: How the First Amendment Impacts Child Pornography in Second Life
- LM Entertainment, Inc. v. City of Mt. Sperling, (Ky. App. July 10, 2009)(urban studies apply to rural zoning rationales)
- U.S. v. Brown, (S.D. Indiana, July 17, 2009) (child pornography, bestiality evidence)
- Brittain v. Beard (Pa. July 20, 2009)(prison regulation of pornography)
- Abilene Retail No. 30 Inc., d/b/a Lion’s Den Adult Superstore vs. Six, (D. Kan. June 26, 2009)(SOB signage regulation)
- 84 Video/Newsstand, Inc., et al. v Thomas Sartini, et al., (N.D. Ohio, June 22, 2009)
(SOB no-touch and hours of operation regulation) - U.S. v. Whorley, (4th Cir., June 15, 2009) (obscenity receives no First Amend. protection)
- U.S. v. Mees, (E.D. Mo., June 10, 2009) (obscenity, email in interstate commerce)
- Independence News v. City of Charlotte, No. 08-1654 (4th Cir., June 3, 2009)(future secondary effects as ground for regulation)
- U.S. v. Kapordelis, (11th Cir., June 1, 2009) (“extraterritorial” production of child pornography)
- Law Review: Beyond Lawrence v. Texas: Crafting a Fundamental Right to Sexual Privacy Kristin Fasullo
- Law Review: Lawrence: An Unlikely Catalyst for Massive Disruptions in the Sphere of Government Employee Privacy and Intimate Association Claims
- Law Review: The 2008 Federal Obscenity Conviction of Paul Little and What it Reveals About Obscenity Law and Prosecutions
- Law Review: The Birth of Criminal “Pandering” and the Death of Free Speech Coalition’s “Actual Child” Requirement: The Implications of United States v. Williams
- Law Review: Protecting Our Children or Upholding Free Speech: Does One Exclude the Other? United States v. Williams
- Law Review: Religious Arguments and the United States Supreme Court: A Review of Amicus Curiae Briefs Filed by Religious Organizations
- Commonwealth of Pennsylvania v. Anthony Diodoro, (Pa. May 26, 2009) (“knowing control” of child pornography)
- Law Review: A (Trans)Gender-Inclusive Equal Protection Analysis of Public Female Toplessness
- Club 21 LLC v. City of Shoreline, (W.D. Wash. April 24, 2009)(arrests after SOB violations not unconstitutional prior restraints)
- U.S. v. Polouizzi, (2nd Cir. April 24, 2009)(multiple child pornography images and units of prosecution)
- People v. David Lawrence Dyke, (Cal. Super. April 9, 2009)(not all sexual activity portrayals are obscene, exhibition to minors)
- Washington v. Sutherby, (Wash. April 9, 2009) (“one count per possession of child pornography”)
- Legend Night Club v. Prince George’s County Board of Commissioners, (D. Md. April 2, 2009)(SOB ordinance violates overbreadth and Equal Protection)
- Enlightened Reading, Inc., et. al. v. Jackson County, (W.D. Mo., March 24, 2009)(challenge to SOB ordinance)
- Law Review: Expert Testimony Not Required to Distinguish Pornographic Images of Real Children from Virtual Children
- Law Review: Skirting the Line: Restricting Online Pedophilic Guides Within the Confines of the First Amendment
- Law Review: Can’t Buy a Thrill: Substantive Due Process, Equal Protection, and Criminalizing Sex Toys
- Law Review: Can Tax Policy Stop Human Trafficking?
- Law Review: With Narrow Reading of Child Porn Law, Court Dodges a Dilemma
- Law Review: If Obscenity Were to Discriminate
- Miller et. al. v. Skumanick, (M.D. Pa. March 30, 2009)(prosecution of teenagers for sexting child pornography)
- Am. Booksellers Found. for Free Expression v. Strickland, (6th Cir. March 19, 2009)(regulation of Internet matter “harmful to minors”)
- Township of Cinnaminson v. Robert Bertino, (N.J. Super. App. Div. March 2009)(“common sense” rationale does not support SOB regulation)
- Law Review: The Pornographic Secondary Effects Doctrine
- Law Review: Does Filtering Stop the Flow of Valuable Information?: A Case Study of the Children’s Internet Protection Act (CIPA) in South Dakota
- Law Review: How the Second Circuit’s Decision in Fox v. FCC Failed to Adequately Address Broadcast Indecency
- Law Review: Fear Mongering, Filters, the Internet and the First Amendment: Why Congress Should Not Pass Legislation Similar to the Deleting Online Predators Act
- Law Review: Williams v. Attorney General of Alabama: Does a Constitutional Right to Sexual Privacy Exist?
- Law Review: Political Pornography
- U.S. v. Degennaro, (11th Cir. Jan. 30, 2009)(child pornography possession, distribution)
- Richland Bookmart, Inc. v. Knox County, Tennessee, (6th Cir. Feb. 12, 2009)(“secondary effects” evidence validated)
- Connection Distributing v. Holder, (6th Cir. Feb. 20, 2009)(Child Protection Act age reporting requirement)
- United States v. Banks, (9th Cir. Feb. 25, 2009) (child pornography, search warrant, marital privilege)
- Law Review: Runaway Grand Jury: Activists Attempt to Redefine Obscenity Law in Kansas
- Law Review: Resisting the Path of Least Resistance: Why the Texas “Pole Tax” and the New Class of Modern Sin Taxes are Bad Policy
- Law Review: Pedophiles in Wonderland: Censoring the Sinful in Cyberspace
- Law Review: Taking Safety Seriously: Using Liberalism to Fight Pornography
- United States v. Paull, (6th Cir. Jan. 9, 2009)(child pornography search warrant contest)
- Tecklenburg v. Appellate Div. of Superior Court (Cal. App. 3 Dist., Jan. 8, 2009)(child pornography possession under Cal. law includes Internet auto cache)
- Capps v. Metropolitan Government of Nashville and Davidson County, (Tenn. Ct. App., Dec. 31, 2008) (Regulation of SOB location near churches)
- Law Review: YouTube to be Regulated? The FCC Sits Tight, While European Broadcast Regulators Make the Grab for the Internet
- Law Review: Child Pornography’s Forgotten Victims
- Law Review: Is a Strip Club More Harmful Than a Dirty Bookstore? Navigating a Circuit Split in Municipal Regulation of Sexually Oriented Businesses
- Wisconsin v. Jahnke, (Wis. App. Dec. 30, 2008)(conviction for secret taping of consensual nudity)
- Michigan v. Lazarus and Michigan v. Flick, 06-004536-FH (Mich. App. Dec. 23, 2008) (child pornography possession conviction upheld)
- U.S. v. Whorley, (4th Cir. Dec. 18, 2008)(conviction for obscene and child pornography cartoons upheld)
- New Hampshire v. Theriault, (NH Dec. 4, 2008)(pornography films as prostitution statute overbroad)
- Law Review: The Underappreciated First Amendment Importance of Lawrence v. Texas
- Law Review: Fantasy Crime: The Role of Criminal Law in Virtual Worlds
- Law Review: Possession of Child Pornography: Should You Be Convicted When the Computer Cache Does the Saving For You?
- Law Review: Applying Legal Expressivism to Motive Review of Adult-Use Zoning
- Law Review:Taming Cyberspace: Broadcasting as a Model for Regulating the Internet
- Law Review: The New Face of Child Pornography: Digital Imaging Technology and the Law
- Law Review: Neither Realistic nor Constitutionally Sound: The Problem of the FCC’s Community Standard for Broadcast Indecency Determinations
- Law Review: Broadcast Profanity and the “Right to be Let Along”: Can the FCC Regulate Non-Indecent Fleeting Expletives Under a Privacy Model?
- Law Review: Protecting Minors from Online Pornography without Violating the First Amendment: Mandating an Affirmative Choice
- U.S. v. Seljan, (9th Cir. Oct. 23, 2008)(convicton for international sexual misconduct and child pornography possession/distribution)
- Arizona v. Stummer, (Ariz. October 9, 2008)(hours of operation regulation and new secondary effects test)
- Indiana Alcohol & Tobacco Com’n v. Ultimate Place, LLC, 894 N.E.2d 1107 (Ind. App. September 30th, 2008)(arbitrary denial of alcohol license)
- Law Review: Censorship on the Internet: The Savior of America’s Youth or the Downfall of First Amendment Rights?
- Law Review: Four Recommendations for Implementing the Trafficking Victim Protection Act to Better Protect Victims of Human Trafficking in the United States
- U.S. v. Schene, (10th Cir. Sept. 30, 2008)(admission of child pornography evidence)
- 5634 East Hillsborough Avenue, Inc. v. Hillsborough County, Fla., (11th Cir. Sept. 10, 2008)(SOB ordinance evidentiary challenge)
- Doctor John’s v. Wahlen, (10th Cir. Sept. 17, 2008)(Ordinance upheld against “secondary effects” methodology challenge)
- Jaynes v. Commonwealth of Virginia, (Va. Sept. 12, 2008)(Va. Computer Crimes Act anti-spam provision overbroad)
- State of Iowa v. Isaac, (Iowa, Sept. 5, 2008)(indecent exposure for masturbation where defendant thought he was alone)
- Law Review: Roth at Fifty: Reconsidering the Common Law Antecedents of American Obscenity Doctrine
- Law Review: The Decline of American Culture: The Role of the Federal Judiciary
- U.S. v. Ganoe, (9th Cir. Aug. 15, 2008)(receipt and possession of child pornography from file-sharing)
- 84 Video/Newstand, Inc. v. Sartini, (N.D. Ohio Aug. 8, 2008)(refusal to enjoin SOB ordinance)
- Alameda Books, Inc. v. City of Los Angeles(C.D. Cal., July 16, 2008)(LA SOB ordinance unconstitutional, doubt cast on secondary effects rationale)
- Law Review: Sex Tourism: A Myth or a Reality?
- Law Review: Just Age Playing Around? How Second Life Aids and Abets Child Pornograph
- Law Review: Discovering Child Pornography: The Death of the Presumption of Innocence
- Kasichke v. State of Fla., No. SC07-128 (Fla. July 11, 2008)(construal of statute governing convict possession of pornagraphy)
- Jordan v. Sosa, (Dist. Colo., July 11, 2008)(prison restrictions on pornography, Ensign Amendment)
- Loring v. Planning & Zoning Commission, (Conn. July 15, 2008)(video preview booths as “adult” store accessory)
- United States v. Blum, (7th Cir. July 15, 2008)(federal intrastate regulation of pornography)
- Alameda Books, Inc., et al. v. City of Los Angeles, (Dist. Cal., July 16, 2008)(LA SOB ordinance unconstitutional due to city’s secondary effects rationale)
- CBS Corporation v. Federal Communications Commission, (3rd Cir. July 21, 2008)(FCC fine for Super Bowl controversy)
- Law Review: Pornography, Coercion, and Copyright Law 2.0
- Law Review: The Effectiveness of Media Rating Systems in Preventing Children’s Exposure to Violent and Sexually Explicit Media Content
- Sensations v. City of Grand Rapids, (6th Cir. May 20, 2008)(secondary effects rationale)
- U.S. v. Williams, (May 19th, 2008)(federal child pornography statute not overbroad)
- Doe v. MySpace Inc, (5th Cir. May 16, 2008)(MySpace for underage girl’s web page)
- U.S. v. Wilder, (1st Cir. May 12th, 2008)(child pornography conviction)
- Law Review: Pornography, Morality, and Harm: Why Miller Should Survive Lawrence
- Law Review: Substantive Due Process: Sex Toys After Lawrence
- Commonwealth v. Ria Ora, (Mass. Sup. Ct. April 10, 2008)(nude dancing in Harvard Square)
- Law Review: How “Swingers” Might Save Hollywood from a Federal Pornography Statute
- Law Review: Substantive Due Process: Sex Toys After Lawrence
- United States v. Davenport, (9th Cir. March 20, 2008)(child pornography counts / Double Jeopardy)
- United States v. Hudspeth, (C.A.8 (Mo.) March 11, 2008)(spousal consent to search computer for child pornography)
- Law Review: Regulating Internet Pornography Aimed at Children: A Comparative Constitutional Perspective on Passing the Camel through the Needle’s Eye
- Law Review: Bachelor Parties Beware: The Third Circuit Grapples With Alcohol, Strip Clubs and the Constitutionality of Morality Legislation
- Reliable Consultants v. Earle (5th Cir. Feb. 12, 2008)(statute impermissibly burdens “private intimate conduct”)
- Law Review: The Uncertain Fate of Virtual Child Pornography Legislation
- Martel Investment Group, LLC v. Town of Richmond, (R.I. Super., January 3, 2008)(ultra vires building permit does not estop enforcment of SOB ordinance)
- State of Arizona v. Michael Jensen, (Ariz. App. Div. 1, January 15, 2008)(Internet auto cache of child pornography)
- United States v. Walter E. Sewell, (C.A.8 (Mo.) January. 17, 2008)(download of child pornography to shared folder = distribution)
- Plaza Group Properties, LLC v. Spencer County Plan Com’n, (Ind. App., Dec. 13, 2007) (nonconforming use status)
- Richland Bookmart, Inc. v. Knox County, (E.D.Tenn., Dec. 17, 2007)
(SOB regulations: hours-of-operation, alcohol sales prohibition, and denial of licensure to criminals upheld) - Pooh-Bah Enterprises, Inc. v. County of Cook, (Ill.App. 1 Dist. Dec. 21, 2007) (targeted tax exemption with a “content-based” exlusion of SOBs stricken)
- State v. Plenty Horse, (S.C. of South Dakota, Nov. 7, 2007)
(simulated sexual intercourse with a mannequin behind closed doors not “indecent exposure.”) - Joelner v. Village of Washington Park,(C.A.7 (Ill.)) (Nov. 19, 2007)
(Village’s attempt to use ‘secondary effects’ regulations to protect its own financial interest in SOB held unconstitutional) - State v. Stummer (Ariz.App. Div. 1, 2007)(Nov. 27, 2007)(“hours-of-operation” regulation upheld and interprets AZ Const. protections)
- Abilene Retail #30, Inc. v. Board of Com’rs of Dickinson County, (10th Cir., Oct 25th, 2007) (SOB cast “sufficient doubt” on secondary effects evidence)
- Connection Distributing Co., et al. v. Keisler, (6th Cir., Oct. 23, 2007) (rule requiring recordation of adult posters’ identities with sex messages held unconstitutional)
- 84 Video v. Ashtabula County Prosecutor, (N.D.Ohio, Oct. 10, 2007)
(Ohio “no touch” and hours-of-operation rules upheld) - Fantasyland Video, Inc. v. County of San Diego, (9th Cir., Oct. 15, 2007) (05-56026) (Regs governing “hours of operation” and doors on “peep show booth” upheld)
- Cam I, Inc. v. Louisville/Jefferson County Metro Government (Ky. App. Oct. 5, 2007) (2005-CA-000085-MR) (“Adult-business” licensing requirements, alcohol prohibition, and “buffer zones” upheld)
2007 September - Pitt County v. Dejavue, Inc., (N.C.App. Sep 04, 2007)
(SOB ordinance does not violate the First Amendment or ex post facto prohibitions) - Law Review: Child Pornography and First Amendment Standards
- Law Review: The Legacy of Lords: The New Federal Crackdown on the Adult Entertainment Industry’s Age-Verification and Record-Keeping Requirements
- Commonwealth of Penn. v. Diodoro, (Penn. Super., Aug. 23, 2007)
(Intentional viewing of child pornography is control sufficient to trigger criminal charges) - Law Review: “Technology and Pornography”
- State v. Tooley, (Ohio July 25, 2007)(courts may infer from evidence that child pornography is real not virtual)
- Abilene Retail #30, Inc. v. Board of Commissions of Dickinson County, Kansas, (10th Cir. July 10, 2007)(further hearings required to determine if County could infer evidence of adverse secondary effects from SOBs and whether ordinance is narrowly tailored)
- Daytona Grand, Inc. v. City of Dayton Beach, Fla., (11th Cir. June 28, 2007) (zoning scheme leaving 25 locations for SOB location upheld)
- Barton v. State, (Ga.App. June 21, 2007) (conviction for sexual exploitation of children due to child pornography possession in the absence of defendant’s knowledge that they were on his computer)
- US v. Weis, (8th Cir. May 17, 2007)(child pornography sentence not cruel and unusual)
- Richland Bookmart, Inc. v. Knox County, (E.D.Tenn. May 02, 2007) (County’s 12(b)(6) motion in suit challenging its amended SOB licensing ordinance)
- Ice Embassy, Inc. v. City of Houston, (S.D. Tex. Jan. 31, 2007)
(ordinance leaving 760+ potential alternative sites for SOBs upheld) - The People v. Kozlow, (N.Y. Apr. 7, 2007) (text based computer communications could sustain distribution of indecent materials to a minor)
- American Civil Liberties Union v. Gonzales, (E.D. Pa. March 22, 2007)
(Child Online Protection Act (COPA) held facially unconstitutional) - Illusions-Dallas Private Club, Inc. v. Steen, (5th Cir. March 15, 2007)
(Preamble and legislative record not required to sustain ordinance so long as a content-neutral purpose can be ascertained)
- Illinois One News, Inc. v. City of Marshall, Ill., (7th Cir. Feb. 13, 2007)
(zoning code relegating SOBs to 94.1 acres or 4.1% is constitutional) - H and A Land Corp. v. City of Kennedale, TX., (5th Cir. Feb. 22, 2007)
(evidence in support of its zoning ordinance was adequate) - Williams v. Morgan, (11th Cir. Feb. 14, 2007) (public morality provides sufficient rational basis to ban commercial sales of sex toys)
- United States v. Rodiguez-Pacheco, (1st Circuit Feb. 5, 2007)
(expert testimony not required to establish that child pornography involves a real child) - City of Encinitas v. F Street Corp., (Cal. App. 4th Dist. Jan. 30, 2007)
(“single use” standard will generally not survive constitutional time, place, and manner review)
- United States v. Evans, (11th Cir. Jan. 30, 2007)
(encouraging prostitution by a minor is a prosecutable offense under federal law) - US v. Shaffer, (10th Cir. January 03, 2007)
(conviction for distribution of child pornography is upheld on shared on a peer-to-peer computer network) - Missouri Association of Club Executives, Inc., et al., v. State of Missouri, (Mo. Dec. 19, 2006) (SOB amendment violates state constitutional provision prohibiting amendment to a bill’s original purpose)
- Giovani Carandola, Limited v. Fox, (4th Cir. Dec. 15, 2006) (restrictions on nudity and sexual conduct at establishments selling alcoholic beverages are constitutional)
- United States v. Kuchinski, No. 05-30607 (9th Cir. Nov. 27, 2006)(defendant held accountable for cached images of child pornography irrespective of his knowledge)
- Entertainment Software Association v. Blagojevich, (7th Cir. Nov. 27, 2006)
(Sexually Explicit Video Game Law violates the First Amendment)
- Sensations, Inc. v. City of Grand Rapids, (S.D. Mich. Oct. 22, 2006)
(Alameda burden shifting provisions do not undermine right of cities to rely on studies and decisions of other jurisdictions) - Doctor John’s Inc. v. City of Roy, (10th Cir. Oct. 10, 2006)
case is remanded to determine whether the ordinance targets adverse secondary effects) - Andy’s Restaurant & Lounge, Inc. v. City of Gary, (7th Cir. Oct. 11, 2006)
(city SOB ordinance upheld against a litany of constitutional claims) - United States v. Eckhardt, (11th Cir. Oct. 4, 2006)
(threatening and vulgar phone calls properly deemed obscene speech)
- Sensations, Inc. v. City of Grand Rapids, (W.D. Mich. Aug. 28, 2006)
(motion for preliminary injunctive relief to stay enforcement of SOB ordinance denied due to lack of likelihood of success on the merits)
- US v. Branson, (10th Cir. August 30, 2006)
(disparity in sentencing between state and federal laws for child porn is constitutional) - Passions Video, Inc. v. Nixon, (8th Cir. August 21, 2007)
(restrictions on SOB advertising is held unconstitutional on overbreadth grounds) - Cam I, Inc. v. Louisville/Jefferson County Metro Government, (6th Cir. August 18, 2006) (severance of licensing from zoning provisions upheld)
- The People v. The Lion’s Den, Inc., (Ill. App. July 28, 2006) (prohibition of location of SOBs within 1,000 of designated uses is upheld and the geographical area for determining whether adequate alternative avenues of communication is county not the village).
- Conchatta, Inc. v. Miller, (3rd Cir. 05-1803)(alcohol regulation regulating lewd entertainment held unconstitutionally overbroad)
- U.S. v. Ziegler, (9th Cir. Aug. 8, 2006)(employee lacked expection of privacy in workplace to justify suppression of child pornography images)
- American Bush v. City of South Salt Lake, (Utah, July 28, 2006)
(Utah right to “communicate freely their thoughts and opinions” does not protect nude dancing) - Law Review: Internet Indecency and Minors: The Case for Parental and School Responsibility Not Congressional Regulation
- 181 South, Inc. v. Fischer, (3rd Cir. July 18, 2006)
(liquor licensing regulation prohibiting lewdness or immoral activity in erotic dancing establishment upheld) - Stadium Book & Video, Inc. v. Miami-Dade County,(S.D.Fla. Jul 31, 2006)
(Regulation requiring open doorways for video booths upheld)
- State of Arizona v. Berger, (Ariz. May 9, 2006)(200 Years Not ‘Cruel and Unusual Punishment’ in Child Porn Possession Case)
- Thaeter v. Palm Beach Co. Sheriff’s Office, No. 03-13177 (11th Cir. May 26, 2006) (No First Amendment Violation for Termination of Police Officers, Who Participated in Porn Shoots)
- Law Review: Jennie G. Arnold, United States v. Extreme Associates, Inc.: The Substantive Due Process Death of Obscenity Law
- Law Review: Virtual Lollipops and Lost Puppies: How Far Can States Go to Protect Minors Through the Use of Internet Luring Laws
- 22nd Avenue Station, Inc. v. City of Minneapolis, (D.Minn. Apr 24, 2006) (ordinance preliminarily enjoined where the city failed to rebut Plaintiff’s evidence which cast doubt on the city’s evidence)
- United States v. Maxwell, (11th Cir. April 20, 2006) (Congress has authority to regulate commercial intrastate possession of child pornography)
- United States v. Macewan, (3rd Cir. March 9, 2006) (Congress can regulate intrastate downloading of child pornography over the Internet)
- Law Review: Constitutional Law-Free Speech and Sex on the Internet: Court Clips COPA’s Wings, But Filtering May Still Fly. Ashcroft v. American Civil Liberties Union
- Blue Moon Entertainment, LLC v. City of Bates City, Mo., (8th Cir.(Mo.) Mar 10, 2006) (SOB ordinance not enjoined where not threat of irreparable injury because SOB did not complete applications)
- City of Cleveland v. Wade, (Tenn.Ct.App. Feb 28, 2006) (ordinance requiring SOBs to locate least 750 feet from residential district upheld)
- Law Review: Constitutional Law-Free Speech and Sex on the Internet: Court Clips COPA’s Wings, But Filtering May Still Fly. Ashcroft v. American Civil Liberties Union
- Law Review: Filtering Out Children: The First Amendment and Internet Porn in the U.S. Supreme Court
- Casanova Entertainment Group, Inc. v. City of New Rochelle, (2nd Cir.(N.Y.) Jan 31, 2006) (City code left reasonable alternative avenues of communication open for SOBs, even though only six lots were available for re-location)
- This That and the Other Gift and Tobacco, Inc. v. Cobb County, Ga, (11th Cir. Feb. 15, 2006) (‘Law of the Case’ doctrine rehearing earlier ruling which held Georgia’ s obscenity statute unconstitutional)
- Fenn v. Mleads Enterprises, Inc., (Utah Feb. 10, 2006)(No personal jurisdiction over defendant who had no contacts with the state other than to send one unsolicited pornographic email)
- Law Review: Real Problems, Virtual Solutions: The (Still) Uncertain Future of Virtual Child Pornography Legislation
- Law Review: Unconstitutional Vagueness and Restrictiveness in the Contextual Analysis of the Obscenity Standard: A Critical Reading of the Miller Test Genealogy
- Law Review:“Please Disable the Entire Filter”: Why Non-Removable Filters on Public Library Computers Violate the First Amendment
- United States v. Clark, (9th Cir. Jan. 25, 2006) (Congress has authority under the Foreign Commerce Clause to prosecute U.S. citizens for foreign commercial sex acts involving minors)
- Daytona Grand Inc. v. City of Daytona Beach, Fla., (M.D. Fla., Jan. 20, 2006) (Nudity ordinances held unconstitutional where the city failed to rebut evidence showing they did not advance a substantial governmental interest)
2005: January, February, March, April, May, June, July, August, September, October, November, December
2004: January, February, March, April, May, June, July, August, September, October, November, December
2003: January, February, March, April, May, June, July, August, September, October, November, December
2002: January, February, March, April, May, June, July, September, October, November, December
