UTAH SPAM LAW CHALLENGE UPDATE
       SALT LAKE CITY, UT -- State Attorney General Mark Shurtleff has filed a motion in federal court to dismiss Free Speech Coalition’s lawsuit against Utah’s anti-spam “child protection registry” (CPR) law. (See X-Press report “FSC Challenges Utah Law.” http://www.freespeechcoalition.com/newsletter11-25-05.htm)
       "By challenging our Child Protection Registry, they have proven their real intent to force smut on our children in our homes and schools," Shurtleff said. The First Amendment does not allow pornographers to send materials to parents and children once they have asked not to receive it, he said.
       Shurtleff’s comments and the commendable purpose of protecting children notwithstanding, the CPR Act is flawed in several respects. Most significantly, the CPR Act conflicts directly with the CAN-SPAM Act, which was enacted by Congress in 2003 to regulate and standardize email marketing in the U.S. so that legislation to combat spam in different states does not create conflicting standards for legitimate emailers.
       There are a number of constitutional flaws as well, not the least of which is that the CPR Act violates the U.S. and Utah Constitutions by treating some e-marketers differently than others. For details, see FSC’s complaint. See also the Center for Democracy and Technology analysis earlier this year.
From The Associated Press, 12/8/05
http://www.abc4.com/local_news/local_headlines/story.aspx?content_id=14CD391D-183F-4BF1-8F8E-D50646B4C62C
FSC’s Challenge: http://www.freespeechcoalition.com/donotemail.htm
The CDT Analysis during the Utah legislative process for the CPA Act:
http://www.cdt.org/speech/20050307cdtanalysis.pdf __________________________________________________________

VIOLENT VIDEO GAME LAW STRUCK DOWN
       SPRINGFIELD, IL -- U.S. District Court Judge Matthew Kennelly has ruled that an Illinois law that would have barred stores from selling or renting extremely violent or sexual video games to minors is unconstitutional.
       "If controlling access to allegedly ‘dangerous’ speech is important in promoting the positive psychological development of children, in our society that role is properly accorded to parents and families, not the State," said Kennelly.
       "This battle is not over," said Governor Rod Blagojevich. He said he plans to appeal the decision and also is considering grassroots organizing efforts. "Parents should be able to expect that their kids will not have access to excessively violent and sexually explicit video games without their permission."
       Similar laws in California and elsewhere face court challenges.
From Adriana Colindres, Peoria Journal-Star, 12/4/05
http://www.pjstar.com/stories/120405/REG_B8AE6FPV.060.shtml
And from Kim Bell, St. Louis Post-Dispatch, 12/3/05
http://www.stltoday.com/stltoday/news/stories.nsf/metroeast/
story/D3FBF20F5A9076FC862570CD00022C9D
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STIFF SENTENCE IN OBSCENITY CASE
       BILLINGS, MT -- U.S. District Judge Richard Cebull has sentenced Sanford Wasserman of Florida to five years in prison for his part in running a mail-order catalog business in which he copied, sold and distributed videotapes using United Parcel Service. The videos included titles like “Rape and Sodomize” and “Physically Raped,” as well as titles like “Ride’um Cowgirl’ and “Dogs and Horses and Pigs and Chickens,” allegedly containing graphic scenes involving bestiality.
       Wasserman’s partner in the business, Gary Robinson of Montana, was sentenced in June to thirty months in prison followed by three years of supervised parole, and was ordered to pay a $35,000 fine. Both men initially pled not guilty but later changed their pleas. Both cases were the result of an investigation by the U.S. Postal Inspection Service and were the first ever federal obscenity prosecutions in Montana.
From The Associated Press, 12/4/05
http://www.southernstandard.net/news.php?viewStory=25635
And from an earlier X-Press report: “Federal Obscenity Busts in Montana,” 4/2/05
http://www.freespeechcoalition.com/newsletter4-2-04.htm
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STIFF SENTENCE IN OBSCENITY CASE
       BILLINGS, MT -- U.S. District Judge Richard Cebull has sentenced Sanford Wasserman of Florida to five years in prison for his part in running a mail-order catalog business in which he copied, sold and distributed videotapes using United Parcel Service. The videos included titles like “Rape and Sodomize” and “Physically Raped,” as well as titles like “Ride’um Cowgirl’ and “Dogs and Horses and Pigs and Chickens,” allegedly containing graphic scenes involving bestiality.
        Wasserman’s partner in the business, Gary Robinson of Montana, was sentenced in June to thirty months in prison followed by three years of supervised parole, and was ordered to pay a $35,000 fine. Both men initially pled not guilty but later changed their pleas. Both cases were the result of an investigation by the U.S. Postal Inspection Service and were the first ever federal obscenity prosecutions in Montana.
From The Associated Press, 12/4/05
http://www.southernstandard.net/news.php?viewStory=25635
And from an earlier X-Press report: “Federal Obscenity Busts in Montana,” 4/2/05
http://www.freespeechcoalition.com/newsletter4-2-04.htm
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HIGH COURT LETS VIDEO STORE DECISION STAND
       KNOXVILLE, TN -- The U.S. Supreme Court has refused to review a Tennessee Supreme Court decision which held that a Knoxville ordinance which was used to drive an Entertainment Resources “Fantasy Video” store out of business was impermissibly vague under the United States and Tennessee Constitutions. (See X-Press report “Cops Unclear on the Concept,” http://www.freespeechcoalition.com/newsletter7-8-05.htm).
       The refusal means that the Tennessee high court decision stands and the case must now go back to the trial court for determination of damages and attorneys fees to be paid by the city to Entertainment Resources. The question of damages is the only remaining issue. The ordinance has since been re-written and the Fantasy Video store is no more, having lost its lease long ago.
From The Associated Press, 12/4/05
http://www.wmcstations.com/Global/story.asp?S=4204910&nav=4XzR
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DECISION ON CHILD PORN PROOF-OF-AGE BURDEN
       MINNEAPOLIS, MN -- Hennepin County Judge Stephen Swanson, after reconsidering his own earlier decision, has agreed with the state that a child pornography law he had struck down recently could be salvaged. Now he has ruled that the part of the law that put the burden on the defense to prove that a person depicted in images is of age is improper, but the rest of the statute is left intact. This decision pleased County Attorney Amy Klobuchar, who now can go forward with other pending cases. And at the same time the ruling is a victory for the Constitution because it rightfully puts the burden on the state in such cases, according to Defense attorney Jeff Dean.
       Swanson’s ruling came in the case of Donald D. Schoen, who was charged with six counts of possessing child pornography. The decision is important in the context of the enforcement of laws prohibiting the possession of child pornography given the difficulties of proof of age, particularly from Internet websites. ASACP Executive Director Joan Irvine clarified the issue for reporter Jayson Romaine in an Xbiz interview:
       “This is a really complicated issue,” Irvine said. “Proving age is often really difficult. First of all, let’s remember that the majority of child porn today isn’t originating from the U.S. A lot of it is coming from Russia and other Eastern European countries. So my question is: ‘How do you prove [a person] is of age when you have no way of getting hold of them?’”
From The Minneapolis Star Tribune, 12/7/05
http://www.startribune.com/stories/467/5768051.html
And from Jason Romaine, Xbiz.com, 12/7/05
http://www.xbiz.com/news_piece.php?id=11750
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JUDGE ISSUES "NARROW" DECISION
       NASHVILLE, TN -- Davidson County Circuit Judge Thomas Brothers has issued a temporary restraining order against the enforcement of Metro’s new adult entertainment ordinance as it pertains to one particular exotic dance club. Brass Stables -- a club in an historic alley reputed to be a location where former President Andrew Jackson once stabled his horses -- is too narrow to allow dancers to stay three feet away from patrons as required in the ordinance. Enforcement of the ordinance could put the club out of business, claimed club attorney George Barrett.
       In the meantime, a bill has been filed to repeal the controversial ordinance (see X-Press, “Councilman seeks to repeal dance law,” http://www.freespeechcoalition.com/newsletter11-25-05.htm)
From Sheila Burke, The Tennessean, 12/6/05
http://www.tennessean.com/apps/pbcs.dll/article?AID=/20051206/NEWS03/512060340/1001
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ROMANCE STORE GIVES UP AGAINST COUNTY
       TUCSON, AZ -- The owners of the 11-store Fascinations chain of “Romance Superstores” have given up plans for opening a store on Oracle Road here, dropping their lawsuit against Pima County and issuing a statement as a way of officially throwing in the towel.
       "It was our determination that regardless of the outcome of the lawsuit, we were not going to overcome the community negativity that has been fostered by a vocal minority," the statement read, in what can only be described as an under-statement.
       X-Press has followed this story from the beginning, when news accounts in May described a polarized community over the prospects of a Fascinations store on North Oracle Road, which is on the northern edge of Tucson near the Catalina Mountain Foothills. (See “Opinions Reflected In Adult Store Dispute” http://www.freespeechcoalition.com/newsletter5-13-05.htm)
       The story caught our attention in part because Yours Truly Kat and Layne enjoyed a December 04 golf holiday at a resort in that very neighborhood. First hand report: Oracle Road is a very romantic setting, well suited to both golf and romance superstores, in our not so humble, romantically-oriented opinions.
       However, demonstrating that even classy stores with good public relations can struggle in today’s culture wars, the Oracle Road Fascinations plans ran into trouble. Community groups organized against it and the county listened to those groups rather than less organized voices of folks who welcomed the store. For months, Fascinations tried to prove that it could meet county requirements that no more than 25 percent of its offerings would be adult-oriented at its proposed new site. This was difficult to do because there was no building and building permits were systematically blocked. The store submitted a 112-page inventory list to the county, documenting what products were to be sold, but was still refused permits. (See X-Press, 8/5/05 “Store Jumps Through County Hoops” http://www.freespeechcoalition.com/newsletter8-5-05.htm)
       When it appeared Fascinations might meet county requirements, the county proceeded to revise their ordinance so that 10 percent, rather than 25 percent, of adult merchandise would henceforth be considered an adult store. (See X-Press 9/23/05 “Adult Store Faces New Regulations” http://www.freespeechcoalition.com/newsletter9-23-05.htm)
       We can’t blame Fascinations for bailing. Next the definition of adult stores would have been 5 percent.
From Sarah J. Bell, The Arizona Daily Star, 12/8/05
http://www.azstarnet.com/sn/politics/105971
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LAW BANNING ADULT SHOP NEAR INTERSTATE OK’D
       ABILENE, KS -- A county ordinance that prevents sexually oriented businesses from being within 1,200 feet of an interstate and requires them to close between midnight and 6 a.m. has been held constitutional by U.S. District Judge John Lungstrum. The ordinance had been challenged by Lion's Den Adult Superstore, which has a store along an Interstate here. Lungstrum said that Dickinson County had a compelling interest in combating the potential effects of sexually oriented businesses, such as lower property values or increased crime. "The ordinance makes some areas available for such stores while preserving the quality of life in the community at large," Lungstrum said.
       The Lion’s Den Superstore has had both wins and losses in the ongoing saga of a vendetta against the store by Phillip Cosby of Abilene, who formed an organization for that purpose, Citizens For Strengthening Community Virtues (CFSCV) after the store opened in 2003. In September, Kansas Senior Judge Ronald Innes dismissed “promoting obscenity” charges against the store. The charges had been based on the sale of adult novelties, most of which are commonly found in adult stores across the country.
       Cosby said the recent ruling by Judge Lungstrum should encourage communities to approve their own zoning ordinances.
       "It's huge," he crowed. "Man, I couldn't be happier.
       News accounts did not elaborate on the obvious question of how being near an interstate highway lowers property values. We have seen property values cited for banning adult business sites near airport runways, golf courses, cemeteries and railroad tracks. Now we add freeways to the list. What next, sanitary landfills?
From The Associated Press, 12/8/05
http://www.kctv.com/Global/story.asp?S=4194154
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UpComing Events

JAN 5-7, – Internext, The Venetian, Las Vegas, NV http://www.internext-expo.com/index.shtml

JAN 5-8, – AVN Adult Entertainment Expo, Sands Expo Center, Las Vegas, NV, http://show.adultentertainmentexpo.com/adult-expo/v42/index.cvn

JAN 7, – 23rd Annual AVN Awards Celebration, Sands Expo Center, Las Vegas, NV, http://show.adultentertainmentexpo.com/adult-expo/v42/index.cvn

JAN 24-25, – Celebrate Free Speech Lobbying Days, Sacramento, CA, layne@inreach.com