[LINK] Nudist Magazines With Photos of Kids Not Obscene or Lewd, Says 3rd Circuit
Wed, 25 Oct 2000 22:16:18 +1100 (EST)
I guess this has some relevance to the Internet.
Nudist Magazines With Photos of Kids Not Obscene or Lewd, Says 3rd
Shannon P. Duffy
The Legal Intelligencer
October 24, 2000
In a ground-breaking opinion, the 3rd U.S. Circuit Court of Appeals
has ruled that 264 nudist magazines from Europe that were seized by
U.S. Customs officials because they contained depictions of children
and teenagers are not "obscene" or "lewd" since they showed nothing
more than a nudist lifestyle.
"In our opinion, even a most conservative, straight-laced, and
puritanical viewer of the photographs could not responsibly claim
that the photographs are 'lewd' or that they give the impression that
the subjects are 'sexually unchaste or licentious,' " Senior U.S.
Circuit Judge Leonard I. Garth wrote.
Significantly, the unanimous three-judge panel also found that the
magazines all qualified as protected "political" speech.
for the rest.
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