INDECENCY
JURIST legal news archive...




Legal History of Contraceptives
January 28, 2014
As part of its 1873 anti-obscenity law, known as the Comstock Act, the US Congress prohibited the interstate transfer of any contraceptive medicines. The Act made the sale or possession within the US of "Articles of immoral Use," such as birth control, and the dissemination of information about birt....... [more]

Contraception and Reproductive Rights
July 20, 2013
Government has regulated public access to contraceptives for centuries. During the nineteenth century, the distribution of contraceptives was regulated under the Comstock Act of 1873, which banned the sending of obscene and lewd material through the mail. In addition to pornography, these laws were....... [more]

Separating the Obscene from the Obnoxious: Why Colorado's New Marijuana Magazine Laws are Unconstitutional
June 25, 2013
JURIST Guest Columnist Adam R. Banner argues that the Colorado HB 1317 provisions regarding marijuana magazines provide a cautionary warning for states looking to censor marijuana based content...The plant is legal, but the picture is not? After voters in Colorado opted to legalize the retail sale....... [more]

ACLU agreed to defend Allen Ginsberg's "Howl" against obscenity charges
April 3, 2013
On April 3, 1957, the American Civil Liberties Union (ACLU) agreed to defend Allen Ginsberg's poetry collection Howl and Other Poems against any obscenity charges brought against it. Publisher Lawrence Ferlinghetti planned to publish in the US, but lacked the funds to challenge existing and future o....... [more]

Homosexual Offenses and Human Rights in Guernsey
November 29, 2012
JURIST Columnist Paul Johnson, Anniversary Reader at the University of York, in the first of two pieces on laws pertaining to homosexual acts in Dependencies of the UK, argues that male, homosexual-specific criminal offenses in Guernsey should be modernized to parallel the laws of the UK...The Sexua....... [more]

Singapore high court allows challenge to law criminalizing homosexuality
August 22, 2012
The Court of Appeal of Singapore ruled Tuesday that a man charged with gross indecency under a provision of the penal code criminalizing sexual acts between men can proceed with a constitutional challenge against the law in court. Known as Section 377A, the law traces its origins to British colonia....... [more]

FCC v. Fox: More on Fleeting Expletives
June 23, 2012
JURIST Guest Columnist Roy Gutterman of the S.I. Newhouse School of Public Communications at Syracuse University says that the Supreme Court's recent decision in FCC v. Fox still leaves broadcasters in doubt about what constitutes indecency...Curse words and nudity, even fleeting or spontaneous prof....... [more]

Supreme Court rules FCC indecency guidelines too vague
June 21, 2012
The US Supreme Court on Thursday ruled unanimously that the Federal Communications Commission (FCC) indecency guidelines were too vague to be properly enforced. The case, Federal Communications Commission v. Fox Television Stations, Inc., hinges on indecency issues raised in two separate broadcasts....... [more]

Egypt military doctor acquitted on charge related to alleged forced virginity tests
March 11, 2012
An Egyptian army doctor was acquitted of obscenity by a military tribunal Sunday in relation to alleged forced virginity tests performed on detained protestors during the revolution last spring. The court refused to find that the forced virginity tests occurred despite a prior court ruling and alleg....... [more]

Vague and Outdated FCC Indecency Policy Must be Altered
January 21, 2012
JURIST Guest Columnist Jeremy Lipschultz of the University of Nebraska at Omaha says that in FCC v. Fox Television Stations, Inc., it seems likely that the Supreme Court will not force the Federal Communications Commission to alter its vague and subjective indecency policy and will not overturn the....... [more]

Supreme Court hears arguments on state immunity, disability compensation
January 12, 2012
The US Supreme Court heard oral arguments in two cases Wednesday. In Coleman v. Maryland Court of Appeals the court will determine whether Congress constitutionally abrogated states' Eleventh Amendment immunity when it passed the self-care leave provision of the Family and Medical Leave Act (FMLA) ....... [more]




WEBSITES

    Onscene Broadcasts [FCC]

    Obscenity [Wikipedia]