Oregon's New Censorship Law Challenged In Court 248
MachineShedFred writes "A lawsuit has been filed against all the county District Attorneys as well as the Attorney General of Oregon to block enforcement of a new law that restricts the sale of 'sexually explicit' material to people under the age of 18. Powell's Books (who claims to be the largest independent new and used bookstore in the world) as well as Dark Horse Comics (publisher of Frank Miller graphic novels) as well as many other bookstores claim that the new law would be impossible for these businesses to comply with. 'Powell's has in stock over 2 million volumes constituting over 1 million titles,' Michael Powell said in his affidavit. 'We receive on an average over 5,000 new titles per week. Obviously we cannot read each new title to determine whether there are any sexual explicit portions and if so whether such portions "serve some purpose other than titillation" (even if I knew what that meant).'"
Hmmmm (Score:2)
Note to self: Buy some more books from Powells.
I understand perfectly well that it is in Michael Powell's best interests to make such a response, but in the idiotic (and often overwhelming) tide of mommy-government "we know what's best for you" sophism, it is nothing less than delightful to see a vendor actually put up a fight instead of rolling over.
Note to everyone else: If you're a technical person, and you're not familiar with Powell's technical bookstore, you owe it to yourself to at least look [powells.com]
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Beyond that, the place is so big you can lose a day wandering the aisles and seeing what's available. Pla
Putting up a fight doesn't pay off (Score:2)
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We are no longer allowed to buy studded tires for our cars.
interesting. i live in pdx, and it's difficult to find an SUV without studs. and we get no snow. i've always wanted studs to be allowable only to those in areas that get snow, based on your registration address. ODOT [tripcheck.com] says that they're still legal, and they are legal here in portland, are you sure that it's not just a local thing that they are blaming on portland?
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Studded tires are a great example. In my opinion, they should be made permit-only for any vehicle registered at an address at less than 1000' elevation, with a gratis automatic permit for any address at or over 1000'. But I guess that's too easy for the legislature.
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Spending money at Powell's (Score:3, Interesting)
My only beef with Powell's is that I spend too much money whenever I go there. Last time I was there I dropped about $500 at the main store, then about $500 more at the technical store. I particularly like the fact that the technical store is all kinds of technical stuff. The "technical" sections in the bookstores here (Vancouver) are 99% computer stuff, with a handful of pop science books.
I've heard of people who take vacations in Portland for the express purpose of shopping at Powell's. Sure, I can get
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The Boeing Surplus Store closed. They have an online auction site now, but that's not the same as wandering the bins looking for cool stuff.
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It's a big world out there. You can find a fetish for everything... look hard enough, you'll find somebody who gets off on magazines like Good Housekeeping.
Ahh Oregon, how I love thee (Score:3, Interesting)
since I obviously can't look after myself,
I really appreciate that you are looking out for me,
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That's one of the reasons there are so many topless dancer joints & adult bookstores scattered around, despite the best efforts of the "family values" crowd to shut them down. That's also why Powells (and the other bookstores) will probably have a good chance of getting this law thrown out.
obscenity is legal in Oregon (Score:2)
How did this pass in Oregon? (Score:3, Informative)
Article I, section 8:
No law shall be passed restraining the free expression of opinion, or restricting the right to speak, write, or print freely on any subject whatever; but every person shall be responsible for the abuse of this right.
I seriously doubt, given the history of this clause, that the Oregon Supreme Court is going to find that it's okay to "speak, write, or print freely on any subject whatever," but not to sell the result. Hell, I mean Oregon voters rejected Measure 19 [wikipedia.org] intended to specifically exempt porn from this clause
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I'm from small town midwest, which has its share of quirks and ignorant tools. They're far easier to ignore though, since, in my experience, they by and large do th
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As others have said, Oregon has very strong free speech protections.
For that matter, Oregon is one of the most "libertarian" (small 'L',) states out there. We've got nearly unlimited free speech, (for example, anti-abortion groups are allowed to carry banners showing aborted fetuses in front of baseball games!) We have (tied for) the most legal marijuana, we have legal doctor-assisted suicide, etc. We've had the state Attorney General come out against the RIAA, we've had our local police refuse to partic
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Written material (Score:2)
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You know what I want to see? An amendment that states that every time someone sponsors or votes for a law that is found to be unconstitutional, they get fined their entire yearly salary, and are barred from ever holding the position of lawmaker.
I'm tired of politicians creating sham laws without any repercussion. Since they can't get voted out (judging by the amount of time that some people are in office), they need to be tossed out.
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The opposite is also possible - if both bodies were of the same party, there would be a strong disincentive for the judges to find ANY law unconstitutional, no matter how bad it was.
The core of
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Well, that solution certainly won't have any unintended consequences. Some of the more serious flaws with your proposal, in no particular order:
Final rulings on constitutionality can take many years to come down, particularly in cases that proceed all the way to the state or federal Supreme
Re:Written material (Score:5, Interesting)
Hasn't written material traditionally been exempt from obscenity laws?
Not really. Wikiepedia has a whole section on "non image based obscenity" http://en.wikipedia.org/wiki/Obscenity [wikipedia.org]
The comedian Lenny Bruce was prosecuted in the 50s and 60s for merely speaking about "forbidden" topics at nightclubs. Just recently there's an internet site that published text stored "red rose stories" that was raided by the freaking FBI. There's a ton more. The Red Rose Stories prosecution case is scheduled to start soon.
So no, if you think this is about image based porn "obscenity", you're very wrong.
Lenny Bruce (Score:2)
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Politicians are free to make any law they want, to screw with us any way they want, and they are completely free from repercussions. They get their money for free by taking it from us, they are free from repercussions if they spend it, and if they seem to be running out, they just take more from us or borrow it (and obligate US to pay it back. They have free parking, too.
Re:Written material (Score:4, Informative)
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The obvious end result (Score:5, Funny)
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Re:The obvious end result (Score:5, Informative)
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People think downloading Metallics MP3s is illegal, for instance, when actually you have to upload them to infringe.
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I'd much rather the various industries self rate rather than the government or my wife's or father-in-law's church rate the media. It's when the government gets involved that scary parts can happen. It's those churches/groups that like to define things obscene to just get non members viewed as evil/sinful that a
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It's not like religious groups don't heavily influence things like the ESRB. At least if the ESRB were a government panel, you could (theoretically) put a stop to it.
This idea that private industry tends to screw up less often than the government is naive and, given the evidence of the past few decades, silly. The American government has its
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Crazy.
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"PG-13" is not helpful. "Mild language, brief nudity, and extensive violence" is helpful, as is "No language, no nudity, no violence, sexual topics".
It should not be up to the theatres, booksellers, and libraries to police what children watch.
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It's expensive and time consuming to fight the government, and relatively easy to agree to put up the appearance of self regulation (like what lawyers and doctors do).
You can blame... (Score:2)
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I am about to become a father, and I am going to quit my job and stay home to raise my daughter. My wife and I are going to have to lower our standard of living, but I think that being involved in my daughter's development and life are more important than filling my closet with more stuff I will only use once. Yes, I will have to live in a "less desireable" neighborhood filled with people who don't look like me, think lik
There have always been laws like this... (Score:2)
On the cover the book specifically noted it was not for sale to minors.
(NY State)
Inside the book they explained:
"First there are Limericks you can tell in front of women,
then there are Limericks you can tell in front of Priests,
and then there are Limericks.
This book is full of Limericks."
Let me tell you these limericks are not for the faint of heart.
There are no pictures. The words themselves are quite graphic.
However, this law sounds a
Titillation (Score:2)
Indiana (Score:2)
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Absurdly Overbroad (Score:2, Interesting)
That means most novels including many great works of literature are banned, think of what would be banned if the law was expanded to tv too.
Absurdly idiotic (Score:2)
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Second, just because it's important doesn't mean it's appropriate for kids at all. If I had a daughter in middle school, I would not want a teacher assigning her to research erotic poems of ancient Mesopotamia even though they are fantastic, important pieces of literature.
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I would disagree. We can't imagine passages from Chaucer or Shakespeare being titillating because, on the whole, the language and idiom are pretty foreign and we are used to a far higher level of sexual content. I think Chaucer's description of the Wife of Bath was intended to be very racy, for example, and Shakespeare was certainly trying to titillate his audience occasionally, especially in the comedies.
If we're talking about cases where the whole work is intended to be titillating, we only have to look
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Yup, okay - makes sense. I see what you're saying about watching your kids too. I was old enough to be given some freedom to go out alone long before I was ready to read, say, "American Psycho". (Not sure I was ever ready to read that one, in fact.) And yet I could have bought it from any bookshop whereas I would have been asked for ID if buying the film.
I must say, though, that the age limit of 18 (according to TFA) bothers me a little. If they want to protect kids, they need a rating system rather than
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How people intend for kids to be kept entirely ignorant of sex, drugs, violence, dishonesty, war, poverty, and illness for 18 years then send them off to university and expect them to survive is beyond me.
Some of the
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Can schools no longer explain that Henry the 8th of England had so many wives (and divorced, killed, and founded a national church over it) because he wanted one of them to produce a son?
Most biology books are pretty explicit about sex. Are those banned?
This sort of vague bullshit law that's half-thought and haphazardly enforced is one of the biggest problems in the US today.
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Personally, I think it could be pretty helpful for Oregon students not wanting to read a book. When you go to the bookstore to buy your copy of Wat
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Two Isaac Asimov science fiction novels are excellent examples. The Robots of Dawn [wikipedia.org] has a woman who uses a humaniform robot as a dildo, and includes a graphic adultery scene. The Gods Themselves [wikipedia.org] illustrates in detail sex between three aliens (sex takes three on their world).
I imagine there is quite a bit of banned shakespeare.
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Hint: "Most novels" don't apply.
No Bibles unless you are over 18. (Score:3, Insightful)
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Library cards would be a form of proof-of-age.
(Yes, I see that there are exceptions to the law, likely including libraries, and you really need to be 21 to be considered a full adult in Oregon, but that doesn't add to the joke, does it?)
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Ban it. Am I being sarcastic? I don't even know anymore. Probably so, but...
It would be too hard to implement such a ban and frankly I'm apposed to all book bans.
Instead perhaps we could just remove all the special protections for the faithful from our laws then we can just haul them off to psychiatric facilities for treatment for their dangerous delusions.
Child protection services can take their kids to foster homes where they can learn about Reason and Science and learn to distinguish between reality and fantasy.
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For every problem this book has allegedly solved, for every person it's allegedly saved, it's created 20 problems and doomed 1000 men, women, and/or children.
Yeah, like that Dark Age when that book prevented the complete wiping-Western-Civilization-off-the-map thing. We get that one "good" thing, and then they have the gall to tell us to go to be good to each other. Also, for each of those hospitals, universities and charitable organizations founded, we have to hear 20 times that it's wrong to be selfish. WTF?
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Many things can be considered obscene and I'll bet that Powell guy has plenty of it in a technical bookstore. I'm sure he has books with explicit screens shots of <whisper>the two letter v-word editor</whisper>. I don't know about you, but I don't want my kids exposed to filth like that and neither
What if the kids want to read (Score:2)
I 100% support this. (Score:2)
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what that phrase means (Score:2)
Sounds to me like the 21st-century version of "...has redeeming social value." That was the phrase, IIRC, used to allow screening of Deep Throat.
Regarding Your Sig (Score:2)
Challenge (Score:2)
The plaintiff's other issue, which is that he handles too many titles to evaluate, sounds like simple whining. I.e., he has a business model that breaks under the new law. (On the other hand, this complaint does reminds me of those raised by website operators when faced with liability for what was posted by the general public on their message board
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However, I would like to suggest that the real problem is that the state is enacting legislation for the purpose of controlling how and when citizens can be titillated.
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"The guy who placed the ads is currently living it up in Fiji, but we'll arrest him if he ever runs out of money and comes back to our town," the police chief said. "Meanwhile, isn't it nice that the civil court system allowed these citizens to put 110 of their neighbors out of work in his place?"
Film at 11.
Children simply shouldn't be able to buy books (Score:5, Funny)
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We don't have health care in the US. Well, I do but quite a few folks I know (one who died from its lack) don't.
no way in OR (Score:2)
Tom Larher: Smut (Score:3, Funny)
Smut!
Give me smut and nothing but!
A dirty novel I can't shut
If it's uncut
and unsubt-le.
I've never quibbled
If it was ribald.
I would devour
Where others merely nibbled.
As the judge remarked the day that he acquitted my Aunt Hortense,
"To be smut
It must be ut-
Terly without redeeming social importance."
Por-
Nographic pictures I adore.
Indecent magazines galore,
I like them more
If they're hard core.
Bring on the obscene movies, murals, postcards, neckties, samplers, stained
glass windows, tattoos, anything!
More, more, I'm still not satisfied!
Stories of tortures
Used by debauchers
Lurid, licentious and vile,
Make me smile.
Novels that pander
To my taste for candor
Give me a pleasure sublime.
Let's face it I love slime!
Old books can be indecent books,
Though recent books are bolder.
For filth, I'm glad to say,
Is in the mind of the beholder.
When correctly viewed,
Everything is lewd.
I could tell you things about Peter Pan
And the Wizard of Oz - there's a dirty old man!
I thrill
To any book like Fanny Hill,
And I suppose I always will
If it is swill
And really fil-thy.
Who needs a hobby like tennis or philately?
I've got a hobby: rereading Lady Chatterley.
But now they're trying to take it all away from us unless
We take a stand, and hand in hand we fight for freedom of the press.
In other words: Smut! I love it.
Ah, the adventures of a slut.
Oh, I'm a market they can't glut.
I don't know what
Compares with smut.
Hip, hip, hooray!
Let's hear it for the Supreme Court!
Don't let them take it away!
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Oregon and censorship (Score:3, Informative)
And they link to Slashdot [multcolib.org].
What is obscene? (Score:5, Insightful)
The problem with "titillation" is that, more than subjective, it ignores context. I wrote a "porn filter" for an internet search site 10 years ago, and while I was looking at all sorts of porn, I was not "titillated." I was studying the language, canonical terms, and word usage to create a proper filter.
I posted Tom Lehrer's "smut" earlier, but I think my point was missed. Specifically, the paragraph where it goes: "For filth is in the mind of the beholder, when correctly viewed, everything is lewd, I can tell you things about Peter Pan, and the wizard of Oz is a dirty old man."
"Titillation" can be anything from pictures of women in police uniforms, hell, some people get their rocks off by looking at pictures of women's feet. I don't understand it, but it is true.
Censorship, throughout history, has never had much success in suppressing that which had been targeted. It has, however, been quite successful in suppressing those that disseminate information. and creating an environment of fear.
Censorship is terrorism.
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Absolutely right. Personally, I have a big thing about blue shirts. It's a particular shade of blue, and makes me weak at the knees just to see photos of people wearing this particular kind of apparel. I could make a big coffee-table book of such pictures, just to titillate myself. Should it be banned, despite featuring only fully clothed people, just because of the author's personal feelings?
Equally, recently at a conference I gave an academic paper about masculinity and pornography. There were a heck o
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Hey, I've got an idea (Score:2)
As much as I'd like to go with free speech on this (Score:2)
This law hurts parents (Score:2)
This law doesn't assist anyone in parenting well, it enables bad parenting.
Refusing to educate your kids about sex, drugs, and violence before they are exposed to such themes in life is naive and ignorant, and it will make your kids grow into naive and ignorant adults. You can not expect the world to censor itself all of the time just because you haven't educated your children. Books have gone for hundreds of years without being rated for lewdness or censored; I don't think anyone was scarred for life when
Oregon's Constitution is more liberal than USA's (Score:2)
The only control anyone has over them is via the liquor license. Then the clubs just get creative and find other things to make money off of other than alcohol.
So considering all of this, I
Whoa, /. better stop selling subscriptions in OR (Score:3, Funny)
That sexually explicit comment there obviously serves no purpose other than titillation.
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And indeed, often slashdot is very NSFW [slashdot.org]. That's an old one from last year, kids. The third newest one is a lot tamer, but it has a hooker in it. Am I under arrest?
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The 1984, Lolita, the Dune Series, not to mention practically every "romance" nov
The Scarlet Letter (Score:2)
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So he was a pornographic script writer, then!
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What does that mean, pray tell? Once you've defined it, tell us exactly why that definition cannot be applied to rock music, superhero movies, children's comic books, odd translations of the christian holy book, tabloids, romance novels (trashy or high-class), or the Illiad?
For that matter, why do YOU get to decide what countless millions of people do with their free time? Who gave YOU that right?
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The courts are not going to agree that it is constitutionally problematic that they cannot comply due to reasonable manpower issues.
From Cubby v. Compuserve, a case dealing with postings made on a forum on Compuserve:
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"Change your business model if you can't screen what you sell" is going to be the likely response from even a liberal court.
Is it the Republicans or the Democrats that want the nanny-state?
Both? God Damn son of a fucking bitch, that sucks.
And, er, "change your business model?" If they're going to say that, why don't they say it to the record labels? Sorry to burst your bubble, son, but America is a plutocracy, the businessman is king, mammon is the state religion and the banker is its high pr
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Google "Red Rose Stories" if you want a current example; that was a textfiles site that got raided by the FBI. If the prosecution is successful -- as I see little reason to believe it won't be -- then you can look for other sexually explicit text websites
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