Category: goes beyond Miller/Ginsberg test

Missouri State Conference of NAACP v. Wentzville School District

Some members of Media Coalition filed an amicus brief in the U.S. District Court for the Eastern District of Missouri, in support of an ACLU and NAACP challenge to the removal of books from school libraries in the Wentzville School District. The brief argued that the books did not fit the definition of “harmful to minors.”

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.

Rhode Island House Bill 5570

Rhode Island H. 5570 would criminalize the electronic dissemination to a minor of a depiction of nudity or sexually explicit conduct. It would also bar the dissemination of a nude photo without the consent of all the people depicted in the photo. It is a companion bill to S.B. 550.

Rhode Island Senate Bill 2647

Rhode Island S.B. 2647 would make it a crime to electronically disseminate indecent materials to a person known or believed to be a minor beyond what is allowed under the Miller/Ginsberg test. It would also bar “annoying” communication that serves no legitimate purpose and causes emotional distress to a person. And it would criminalize the distribution of nude images without the consent of the person depicted.

Rhode Island Senate Bill 550

Rhode Island S.B 550 would criminalize the electronic dissemination to a minor of a depiction of nudity or sexually explicit conduct. It would also bar the dissemination of a nude photo without the consent of all the people depicted in the photo. It is a companion bill to H.B. 5570.

American Booksellers Foundation for Free Expression v. Sullivan

The U.S. District Court struck down Alaska’s application of its “harmful to minors” law to electronically transmitted speech and the state’s “harmful to minors” law, declaring both an unconstitutional restriction on the free speech rights of adults.

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