Law Review: Seeing It, Knowing It (Obscenity)

Seeing It, Knowing It
Elizabeth M. Glazer, 104 Nw. U. L. Rev. Colloquy 217 (2009)

“However, the ‘more modest claim’ that McDonald purports to make is, in fact, the claim made in my essay, namely, to ‘refin[e]—but not overturn—the obscenity test set forth in Miller‘ so that it distinguishes between sex and sexual orientation.”

Law Review: Should Texas’s Former Ban on Obscene Device Promotion Pass Constitutional Muster Under a Murky Lawrence?

Laura M. Clark, 41 St. Mary’s L.J. 177 (2009)

“Part IV will analyze relevant U.S. Supreme Court holdings and Texas cases, apply Lawrence to the Texas and Alabama statutes, and examine whether the Texas statute might be changed to pass constitutional muster.”

11th Circuit obscenity case tests community standards on the internet

Fulton County Daily Report: “The federal judges who on Thursday heard the appeal of the movie producer, known as Max Hardcore, aren’t being asked to make the same judgments the jury did . . . the judges are being asked to decide some of the heaviest issues in the area of obscenity law, such as whether the government should criminalize adult films purchased over the Internet and viewed in the privacy of the home, and whether a Tampa jury should apply its own mores to materials available all over the country.”

9th Circuit: National community standard must be applied in regulating Internet obscenity

U.S. v. Kilbride, No. 07-10528 (9th Cir., Oct 28, 2009)

New legislation would rid streets of obscene billboards

“For some time now, I have been very concerned with the explicit billboards along 8 Mile Road promoting topless bars and other sexually-oriented businesses . . . Today, Michigan is one step closer to ridding our communities of these inappropriate billboards. Recently, the Senate has cooperated in a bipartisan fashion to pass my legislation . . . Senate Bill 266 would restrict the kind of suggestive and inappropriate images we now see on billboards.”

MIM Report Shows How the Explosion of Hardcore Adult Pornography on the Internet and Elsewhere is Contributing to the Sexual Exploitation of Children

“Morality in Media has compiled information from hundreds of news articles and from court cases, social science studies, books, Congressional testimony, and other sources that show how the explosion of hardcore adult pornography on the Internet and elsewhere is contributing to the sexual exploitation of children. The works cited in the report were published from 1980 to the present.”

Iowa Supreme Court upholds “sexting” conviction, affirms that community standards are relevant to definition of obscenity

Iowa v. Canal, Jr., No. 07–1051 (Iowa, September 18, 2009)

September 18, 2009 | Comments Off  Tags: , , , ,

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.”

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.”

April 15, 2009 | Comments Off  Tags: ,

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.

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