Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

To: Einigkeit_Recht_Freiheit

What you point out are policy differences as to why prostitution *should* be illegal while prostitution should not. But here the issue being dealt with is the First Amendment, obscenity precedent, and a CA Supreme Court ruling. There is no true legal distinction between the two, as my article argues, they essentially criminalize the very same conduct. The fact is that within the State of California just over twenty years ago a case dealt with someone that was convicted for pornography under a prostitution statute. The Court specifically was dealing with arguments based on the First Amendment of the Constitution. I think your points may fare well with a particular legislator, but they don’t quite translate well when dealing with a legal principle announced in something as fundamental as the Constitution’s right to freedom of speech.


11 posted on 11/24/2011 11:50:04 PM PST by stevelackner
[ Post Reply | Private Reply | To 8 | View Replies ]


To: stevelackner

You are right of course and I thought that I wrote that I didn’t actually address the legal issue.


32 posted on 11/25/2011 4:04:18 AM PST by Einigkeit_Recht_Freiheit (Using profanity gives people who don't want information from you an excuse not to listen.)
[ Post Reply | Private Reply | To 11 | View Replies ]

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson