FC: Utah porn czar stands up for free speech; obscenity law targeted

From: Declan McCullagh (declanat_private)
Date: Fri Dec 14 2001 - 11:00:29 PST

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    http://www.sltrib.com/2001/dec/12082001/utah/156148.htm
    
       Surprise Role for Porn Czar: Loosening Up State's Nudity Laws
       Saturday, December 8, 2001
                                          
       BY DAN HARRIE
       THE SALT LAKE TRIBUNE 
    
           As Utah porn czar Paula Houston busily attempts to root out smut
       and obscenity, she also is working to tone down a sweeping -- probably
       unconstitutional -- state law that bans public displays of nudity or
       sex.
           An indecency statute that has been on the books at least 12 years
       is too broad in its restrictions, Houston says, and could be used to
       prosecute exhibits of Michelangelo's classic nude "David" sculpture or
       even displays of bare-breasted women in National Geographic Magazine.
           "It could be used unconstitutionally, and this clarifies it so it
       won't be," Houston says. "We have to operate within the law and I'm
       trying to make the law as clear as possible."
           Houston is working with Rep. Peggy Wallace, R-West Jordan, on
       draft legislation that would narrow the statute's open-ended
       provisions and provide explicit legal protection for displays that
       have serious literary, artistic, political or scientific value.
    
       [...]
    
    http://www.wired.com/news/culture/0,1284,49044,00.html
    
       New Suit Targets Obscenity Law
       By Julia Scheeres
       2:00 a.m. Dec. 12, 2001 PST
       
       A national organization that promotes sexual tolerance and an artist
       who photographs pictures of couples engaged in sadomasochism filed a
       lawsuit Tuesday seeking to overturn Internet obscenity laws.
       
       The National Coalition for Sexual Freedom and photographer Barbara
       Nitke argue that the obscenity provision of the Communications Decency
       Act (CDA) is so broad that it violates free speech.
    
       [...]
       
       The lawsuit filed Tuesday claims that the obscenity provision outlined
       in Section 502 of the CDA is so vague and arbitrary that it could
       violate speech that should be protected.
       
       The sticky words here are the so-called "local community standards,"
       said John F. Wirenius, the plaintiffs' legal counsel and an attorney
       for civil rights firm Leeds, Morelli & Brown.
    
       [...]
    
    
    
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