Supreme Court Cases
Supreme Court Cases: Freedom of Speech
United states vs. x-citment videos 1994
The Protection of Children Against Sexual Exploitation Act of 1977 prohibited the interstate transportation, shipping, receipt, distribution, or reproduction of materials containing children engaged in sexually explicit acts. Richard Gottesman, owner and manager of X-Citement Video, sold forty-nine tapes to undercover officers. Gottesman shipped the videos, containing pornographic acts by industry legend Traci Lords before she turned eighteen, to Hawaii. Although he claimed he did not know the tapes contained underage pornographic acts, Gottesman was arrested for violating the sexual exploitation act. The issue is if the Act's use of the term "knowingly" violates the Free Speech clause because it was not known if the offender knew which materials contained people whom where underage.
The court said it did not violate the 1st amendment. The Chief Justice stated that it failed to make sense since Congress obviously did not think people accidentally mail underage pornographic materials. All the law requires a showing that alleged violators meant to distribute illegal pornography, regardless of whether they knew it depicted underage performances
Barnes vs. Glend Theatre Inc.1991
Glen Theatre and the Kitty Kat Lounge in South Bend, Indiana, operated entertainment establishments with totally nude dancers. An Indiana law regulating public nudity required dancers to wear underwear when they perform. The Theatre and Lounge sued to stop enforcement of the statute. The issue is where if the state violated the 1st amendment's freedom of expression
No. The Court was fractured and there was no majority opinion. Chief Justice conceded that nude dancing was a form of expressive activity, but he maintained that it is public indecency despite the limitations on such expressive activity. The proscription on public nudity is unrelated to the...
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