‘First Amendment’

Prop 8, Minority Rights, & American Democracy

Democracy does not mean three wolves and a lamb voting on what’s for dinner. And that’s why yesterday’s federal court ruling overturning California’s Proposition 8 is good news for all Americans. Prop 8 did something that should never be done—it put the question of a minority group’s rights up for a vote. America’s courts have two functions, one them far less understood than the over—and just as crucial to our democratic system. Of course, our courts try cases of wrongdoing—someone’s accused of breaking the law, they have their day in court, they’re found innocent or guilty. In addition, however, our…

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America Wins, Government Loses Huge Obscenity Trial

John Stagliano was set free last week when a federal judge ended his obscenity trial on procedural grounds. If convicted, John would have been jailed for 32 years and had his home and business confiscated. Instead, a few million dollars of your tax money was wasted by a Department of Justice investigation, purchase, viewing, and indictment of Milk Nymphos, Storm Squirters, and Fetish Fanatic. These are DVDs that depict legal activity, whose actors are all certified as over 18. Neither of these facts was challenged by the government. The charge was simply that the DVDs appealed to the average person’s…

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A Federal Court That Trusts People More Than Government

There’s a government agency in Washington whose job is deciding what’s “offensive” and should be kept off broadcast TV and radio—the FCC. Its policy is terribly, dangerously flexible. If material has to do with sexuality or excretory functions, it’s “offensive” if the commissioners decide it’s offensive. You don’t have the right to see or hear “offensive” material on broadcast TV. A federal court (including a judge appointed by President Bush) ruled this week that that’s just too vague, “creating a chilling effect that goes beyond the fleeting expletives at issue here.” That ruling is good news for parents, consumers, and…

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Congress Requiring Internet Filtering—Through the Back Door

Last week, the House agreed to a Senate amendment to a bill that funds the wars in Iraq and Afghanistan. On the next-to-last page, it casually states: “None of the funds made available in this act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading and exchanging of pornography.” Yes, buried in a bill (HR4899) that allocates $75,000,000,000 for the military, as well as for border security, veterans’ health, state education, and Haiti, Congress is preparing to require that all companies doing business with the federal government require internet filtering software. “Pornography”…

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Destroying America to Save It

A group of California attorneys say they are literally on a mission from God to replace four current judges with themselves. They are running for San Diego Superior Court judge on June 8. “We believe our country is under assault and needs Christian values,” said candidate Craig Candelore, who believes “God has called upon us to do this.” The campaign is supported by clergymembers, gun enthusiasts, and opponents of reproductive choice and same-gender marriage. This is simply un-American. It threatens to take us back to the 17th century of the Puritans and the monarchy-centered Europe from which they came. For…

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Talking At Lovers

Two weeks ago I spent the weekend in Tacoma, Washington, a guest of Lovers—a large chain of high-end stores selling the latest vibrators and dildoes, whips and handcuffs, DVDs, lube, books, and a million brands of condoms. They do a lot of bachelorette parties there, so they have tons of lingerie on display. Wearing corsets, bustiers, and fishnet hose, the mannequins looked really, really hot. Oops, did I just say that out loud? I only meant to think it. The company is also committed to education. Their stated mission, in fact, is “to provide an exciting environment to explore human…

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