Book People, Inc. v. Wong
The U.S. District Court issued an injunction on a Texas law that would require publishers and booksellers to assign ratings to certain books, which would they then be barred from selling to school libraries.
Category: prior restraint and seizure
Fayetteville Public Library v. Crawford County, Arkansas
The U.S. District Court granted a preliminary injunction blocking a law that would require booksellers and librarians to limit their books appropriate to all minors only or exclude all minors from their premises. Another provision on the law allows any person in Arkansas to demand the removal of a book that the person deems inappropriate.
In Re: A Court of Mist and Fury, In Re: Gender Queer
A Virginia judge dismissed the obscenity case against the books A Court of Mist and Fury and Gender Queer, finding that the law was unconstitutional as prior restraint, that it had insufficient knowledge requirement, and there was insufficient notice.
Tennessee House Bill 2294
H.B. 2294 would require internet service providers to block access to “pornographic” material for all users. A failure to do so shall be treated as a deceptive or unfair act or practice and is subject to penalties under the Tennessee Consumer Protection Act.
Missouri Senate Bill 733
S.B. 733 would require internet service providers to block their customers’ access to depictions — and possibly descriptions — of nudity and sexual activity.
New Hampshire House Bill 1157
H.B. 1157 would require any “New Hampshire news media organization” to update, retract or correct any story published to the internet concerning a criminal proceeding brought against a specific person if the person was subsequently found not guilty, acquitted, or the charges were dismissed.
Colorado House Bill 1334
H.B. 1334 would bar the posting or dissemination, through any electronic means, of an image of a minor committing suicide or attempting to do so.
Illinois Senate Bill 2560
S.B. 2560 would require a person who has published a “criminal record,” online or anywhere else, to remove the information within 30 days upon written request by the person who is the subject of the “criminal record.”
Prison Legal News v. Kane
The U.S. District Court for the Middle District of Pennsylvania struck down a Pennsylvania law that allowed victims to stop conduct — including speech — by a convicted offender if it causes “mental anguish.”
Maryland House Bill 744
Maryland H.B. 744 would require websites to remove arrest photos for charges that can be expunged under state law.
Alabama House Bill 8
Alabama H.B. 8 would require any website to remove arrest photos within 30 days of a request if the person was not convicted.
South Carolina Senate Bill 255
South Carolina S.B. 255 would require any website to remove arrest and booking records within 30 days of written request if the person was not convicted.
Hawaii House Bill 529
Hawaii H.B. 529 would require online publishers to remove an arrest booking photo within 30 days upon written request by the person in the image if that person was not convicted.
Pennsylvania House Bill 2533 and Senate Bill 508
Pennsylvania H.B. 2533 and S.B. 508 would allow a victim of a personal injury crime to bring a civil action against any offender to obtain injunctive relief for “conduct which perpetuates the continuing effect of the crime on the victim.”
North Carolina Senate Bill 744
A section in North Carolina S.B. 744 would require publishers and websites to remove criminal record information or publish a retraction upon request if the person was not convicted of the crime.
Minnesota Senate Bill 1863
Minnesota S.B. 1863 would require any publisher to remove an arrest photo if the person was not convicted of the crime. If the person was convicted, the bill would require publishers to limit the information associated with the photo. It is a companion bill to H.B. 1940.
Missouri House Bill 1665
Missouri H.B. 1665 would require any website to remove an arrest photo if the person was not convicted of the crime.
Minnesota House Bill 1940
Minnesota H.B. 1940 would require any publisher to remove an arrest photo if the person was not convicted of the crime. If the person was convicted, the bill would require publishers to limit the information associated with the photo. It is a companion bill to S.B. 1863.
New Hampshire House Bill 1144
New Hampshire H.B. 1144 would require any website to remove criminal record information and the arrest photo if the person was not convicted of the crime.
New Hampshire House Bill 110
New Hampshire H.B. 110 would require anyone who witnesses an instance of illegal animal cruelty to livestock or poultry to turn over visual evidence to law enforcement authorities within 24 hours.
Texas Senate Bill 1512
Texas S.B. 1512 would categorize “sensitive crime scene” photos as not part of public disclosure under Texas’s Public Information Act and would limit access and distribution.
Video Software Dealers Association v. City of Oklahoma
The U.S. District Court ruled that the film “Tin Drum” is not child pornography and that its seizure by the Oklahoma City police was an unlawful prior restraint.
Alexander v. United States
The U.S. Supreme Court upheld a law that allowed the government to seize and destroy Ferris J. Alexander’s adult businesses under the federal Racketeer Influenced and Corrupt Organizations (RICO) Act when he was convicted of selling seven obscene magazines and videos.
United States v. PHE, Inc.
The 10th Circuit Court of Appeals found that the Justice Department’s use of multi-jurisdictional prosecutions against Adam and Eve, a mail order business for sexually explicit materials, to force the company out of business was malicious.
Fort Wayne Books, Inc. v. Indiana
The U.S. Supreme Court ruled unanimously that the government may not use RICO laws to make a wholesale pre-trial seizure of books or magazines.
