West Virginia House Bill 2119
West Virginia H.B. 2119 would impose a $1 tax on the sale or rental of any material deemed obscene by the tax commissioner.
Read MoreAuthor: Kris Anne Bonifacio
Kansas House Bill 2496
Kansas H.B. 2496 would change the scienter requirement from “knowingly” to “recklessly” with regards to displaying and distributing materials that are considered “harmful to minors.” It is a companion bill to S.B. 401.
Read MoreAmerican Civil Liberties Union v. Mukasey
The U.S. Supreme ruled in 2004 that the federal Child Online Protection Act (COPA) is overbroad and it was not the least restrictive means to prevent minors from accessing material harmful to minors. The Court remanded it to the U.S. District Court for fact-finding. The U.S. District Court struck down the law, which the 6th Circuit upheld. The Supreme Court refused to hear the case for a third time, leaving in place the decision that the law is unconstitutional.
Read MoreAthenaco, Ltd. v. Cox
The U.S. District Court upheld Michigan’s law restricting the display of materials harmful to minors but clarified that the law only applies publications that have “harmful to minors” material on their covers or spines.
Read MoreAmerican Booksellers Foundation for Free Expression v. Dean
The 2nd Circuit ruled that Vermont’s “harmful to minors” law as applied to the Internet violates the First Amendment and the Commerce Clause.
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