In his article “Bars are about more than drinking,” Daniel Levin ponders Utah’s current private club laws. Which, he notes, “are most often derided because they are so inconvenient and so irrational as to be maddening. But,” he believes, ”they are most offensive for their chilling effect on Americans’ constitutional right of free association.” Mr. Levin makes a [...]
Posts under ‘privacy’
Texas sexual device ban held unconstitutional
The Fifth Circuit Court of Appeals just reviewed Texas’s obscenity statute, and here’s how the opinion begins:
This case assesses the constitutionality of a Texas statute making it a crime to promote or sell sexual devices. The district court upheld the statute’s constitutionality and granted the State’s motion to dismiss for failure to state a claim. [...]
The Government & Morality
It’s a debate that will never end: Should government judge morality for us? That’s the topic from this op-ed recently posted on MiamiHerald.com, discussing the plight of Sherri Williams and her sex toys case from Alabama. The government (we?) routinely answers morality questions with legislation. After all, both murder and theft are widely considered immoral, [...]
Good (and bad) things come in small packages
The Tenth Circuit Court of Appeals issued this opinion yesterday. The case involves a retail novelty store, Dr. John’s, that sells a “range” of adult products. When the City of Roy (Utah) insisted that Dr. John’s submit to its sexually oriented business (SOB) licensing scheme, Dr. John’s launched a comprehensive challenge to the city’s SOB [...]
The USSC turns away sex toy case
Reuters reports here that the U.S. Supreme Court declined to grant certiorari and hear a sex-toy case arising out of Texas. “His attorney challenged the law as unconstitutional, claiming it violated the right to sexual privacy without government interference. The court, which rejected a challenge to a similar Alabama law last year, denied the appeal [...]
