9th Circuit: Statutes intended to stop child sexual abuse in its early stages are overbroad, criminalize standard sexual education materials
Filed Under Category News by admin
Powell’s Books, Inc. v. ACLU of Oregon, No. 09-35153 (9th Cir. Sept. 20, 2010)
9th Circuit: OR statutes that criminalize giving sexually-explicit material to minors are unconstitutional
Filed Under Category Case Abstracts by admin
Powell’s Books, Inc. v. Kroger and ACLU of Oregon v. Kroger, No. 09-35153, 09-35154 (9th Cir. Sept. 20, 2010)
September 20, 2010 | Comments Off Tags: Category: Case Abstracts, Court: 9th Circuit, Topic: Minors, ZZ: ACLU of Oregon v. Kroger, ZZ: Powell's Books v. Kroger
NJ Superior Court reverses injunction against sexually oriented business, holds internet is not sufficient “alternative forum”
Filed Under Category Case Abstracts by admin
Borough of Sayreville v. Club 35, LLC, No. A-3537-08T1 (N.J. Super. App. Div. Sept. 17, 2010)
September 17, 2010 | Comments Off Tags: Category: Case Abstracts, Regulation (SOB), Regulation (SOB): Alternative Sites, Regulation (SOB): Licensing, State: New Jersey, Topic: Internet
NH Supreme Court: sex offender can’t attend church even with chaperone
Filed Under Category Case Abstracts by admin
New Hampshire v. Perfetto, No. 2009-647 (N.H. Sept. 17, 2010)
September 17, 2010 | Comments Off Tags: Category: Case Abstracts, State: New Hampshire, Topic: Child Pornography, Topic: Sentencing, ZZ: New Hampshire v. Perfetto
NJ: Federal court calls for further factual inquiry to determine whether SOB qualifies as non-conforming use where it makes operational changes
Filed Under Category Case Abstracts by admin
MAG Realty, LLC v. City of Gloucester City, 2010 WL 3210441 (D.N.J. Aug. 12, 2010)
August 12, 2010 | Comments Off Tags: Category: Case Abstracts, Regulation (SOB), Regulation (SOB): Alcohol, State: New Jersey, ZZ: MAG Realty v. City of Gloucester City
ND: Federal judge denies mandatory restitution claim against receiver of pornographic materials
Filed Under Category Case Abstracts by admin
U.S. v. Solsbury, No. 4:09-cr-062, 2010 WL 3023913 (D.N.D. Aug. 4, 2010)
August 4, 2010 | Comments Off Tags: Category: Case Abstracts, State: North Dakota, Topic: Child Pornography, Topic: Restitution, ZZ: U.S. v. Solsbury
Split en banc 11th Circuit rules child molester’s 17½-year sentence substantively unreasonable
Filed Under Category Case Abstracts by admin
U.S. v. Irey, No. 08-10997 (11th Cir. July 29, 2010)
July 29, 2010 | Comments Off Tags: Category: Case Abstracts, Court: 11th Circuit, Topic: Child Pornography, Topic: Sentencing, ZZ: U.S. v. Irey
Federal record keeping requirements requiring porn producers to maintain age and identity records pursuant to 18 U.S.C. §§ 2257 and 2257A are not unconstitutional
Filed Under Category Case Abstracts by admin
Free Speech Coalition Inc. v. Holder, No. 09-4607 (E.D. Pa. July 27, 2010)
July 27, 2010 | Comments Off Tags: Category: Case Abstracts, Regulation (SOB), Regulation (SOB): Age, Topic: Child Pornography, Topic: Record Keeping, ZZ: Free Speech Coalition Inc. v. Holder
8th Circuit: A special condition of supervised released prohibiting possession of all materials containing nudity is stricken on overbreadth grounds
Filed Under Category Case Abstracts by admin
U.S. v. Simons, No. 09-2142 (8th Cir. July 21, 2010)
July 21, 2010 | Comments Off Tags: Category: Case Abstracts, Court: 8th Circuit, State: Nebraska, Topic: Nudity, Topic: Sentencing, ZZ: U.S. v. Simons
Licensing provisions are unconstitutional where they fail to require the city to act on applications within a specified period of time
Filed Under Category Case Abstracts by admin
ATL Corp. v. City of Seattle, No. C09-1240RSL, 2010 WL 2836164 (D. Wash. July 19, 2010)
July 19, 2010 | Comments Off Tags: Category: Case Abstracts, Regulation (SOB), Regulation (SOB): Licensing, State: Washington
