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Oregon High Court rules live sex shows should be allowed
KGW ^ | 9/29/2005 | CHARLES E. BEGGS, AP

Posted on 09/29/2005 7:47:21 PM PDT by aimhigh

SALEM — The Oregon Supreme Court struck down as unconstitutional Thursday a state law against conducting live sex shows and a local ordinance regulating conduct of nude dancers.

Both restrictions violate the Oregon Constitution's guarantees of free speech and free expression, the court said in a pair of 5-1 decisions.

The free expression rulings continued the court's modern pattern of broadly interpreting state constitutional rights as forbidding virtually all regulation of obscenity.

The court's decisions have given Oregon "one of the most protective approaches to the interests of freedom of expression," of any state, said Steven Green, a Willamette University constitutional law professor.

The state constitution, adopted in 1859 says, "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."

Justice Michael Gillette, who wrote the majority opinions, said it "appears to us to be beyond reasonable dispute that the protection extends to the kinds of expression that a majority of citizens in many communities would dislike — and even to physical acts, such as nude dancing or other explicit sexual conduct that have an expressive component."

(Excerpt) Read more at kgw.com ...


TOPICS: Culture/Society; Government; News/Current Events; US: Oregon
KEYWORDS: 1stamendment; govwatch; moralabsolutes; obscenity; oregon; ruling; scotus; sexshows; stateconstitution; statesrights; supremecourt
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Left coast sinks even lower.
1 posted on 09/29/2005 7:47:23 PM PDT by aimhigh
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To: aimhigh

Bill Clinton has been signed up for one of the first shows....


2 posted on 09/29/2005 7:48:57 PM PDT by Enchante (Would you trust YOUR life to Mayor Nagin or Governor Blankhead?)
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To: aimhigh

"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."

What the hell does this have to do with live sex shows?


3 posted on 09/29/2005 7:49:37 PM PDT by bahblahbah
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To: aimhigh

commonplace in Patpong


4 posted on 09/29/2005 7:49:44 PM PDT by injin
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To: aimhigh
I know pornography when I see it, but apparently the court cannot.

The apparent reason is, justice is blind.

Gotta hand it to them, manipulating the law apparently has its intended consequences.

5 posted on 09/29/2005 7:50:47 PM PDT by Carry_Okie (There are people in power who are truly evil.)
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To: aimhigh
Did they authorize the live animal shows yet ?
At least the porn addicts will have somewhere to go for a date ...
6 posted on 09/29/2005 7:52:07 PM PDT by af_vet_1981
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To: aimhigh

Next ruling... The state must pay for cosmetic surgery for the ugly, fat and poorly endowed, so they can express their free speech.


7 posted on 09/29/2005 7:52:39 PM PDT by MediaMole
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To: aimhigh
" Both restrictions violate the Oregon Constitution's guarantees of free speech and free expression."

This is the strategy - Like Terrorists, who use our freedoms and legal protections to operate in furtherance of our destruction, these amoral, secularists are using the rights of free speech and expression as a means of undermining societal standards and stability. Freedom is not the same as License yet these justices can't seem to differentiate between the two.

8 posted on 09/29/2005 7:53:21 PM PDT by drt1
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To: aimhigh

I guess prostitution is legal in Oregon now too. Because if having sex in public is 'speaking' or 'expressing', how could it not be 'speaking' or 'expressing' if it was just between the participants.


9 posted on 09/29/2005 7:53:54 PM PDT by jjw
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To: aimhigh

The shocking untold story: They are getting the gas station attendants to do the shows.

YIKES!


10 posted on 09/29/2005 7:54:32 PM PDT by struggle ((The struggle continues))
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To: aimhigh
About time. This sort of thing is best left to the business owners.

Its all about private property rights. Next stop, anti smoking laws.

11 posted on 09/29/2005 7:54:39 PM PDT by Doe Eyes
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To: aimhigh

Since when is going "ooh, ahh, ungh" considered speech?


12 posted on 09/29/2005 7:55:29 PM PDT by P.O.E. (.)
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To: aimhigh

And so those of us in Oregon can look forward to more free expression and its' friends(drugs, drunkenness, and assaults).


13 posted on 09/29/2005 7:56:22 PM PDT by crazyhorse691 (Diplomacy doesn't work when seagulls rain on your parade. A shotgun and umbrella does.)
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To: struggle
They are getting the gas station attendants to do the shows.

Oregon still doesn't have self-service pumps? What a farce.

14 posted on 09/29/2005 7:56:34 PM PDT by Fitzcarraldo
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To: bahblahbah

"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."

Where did they find THAT in the U.S. constitution? Or was that one also in the Communist Manifesto?


15 posted on 09/29/2005 7:56:36 PM PDT by hombre_sincero (www.spadata.com)
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To: aimhigh
Oregon Supreme Court struck down as unconstitutional Thursday a state law against conducting live sex shows

I hope the people can now see the Oregon Supreme Court Go #### themselves.

16 posted on 09/29/2005 7:56:42 PM PDT by badpacifist (Flames are very shallow. Personal attacks on a comment are just silly.)
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To: Enchante

ROTFL!


17 posted on 09/29/2005 7:57:01 PM PDT by Bush gal in LA
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To: bahblahbah

Maybe they have tatoos in a prominent area or something?/sarc

Judge must've been appointed by x42. One can be certain he'd enjoy this ruling.


18 posted on 09/29/2005 7:57:03 PM PDT by mplsconservative
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To: jjw
Because if having sex in public is 'speaking' or 'expressing', how could it not be 'speaking' or 'expressing' if it was just between the participants.

Just make sure you're doing it in a public park (preferably in front of the kiddies so the ACLU will defend you for free). Otherwise it doesn't qualify as "public". If that doesn't work, just call it "interpretive dance".

19 posted on 09/29/2005 7:57:49 PM PDT by randog (What the....?!)
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Comment #20 Removed by Moderator


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