[LINK] Nudist Magazines With Photos of Kids Not Obscene or Lewd, Says 3rd Circuit

David Goldstein goldstein_david@yahoo.com.au
Wed, 25 Oct 2000 22:16:18 +1100 (EST)


Hi all

I guess this has some relevance to the Internet.

Cheers
David
Nudist Magazines With Photos of Kids Not Obscene or Lewd, Says 3rd
Circuit 
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.  

See
http://www.law.com/cgi-bin/gx.cgi/AppLogic+FTContentServer?pagename=law/View&c=Article&cid=ZZZ1VFJUOEC&live=true&cst=1&pc=0&pa=0&s=News&ExpIgnore=true&showsummary=0
for the rest.


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