[Download] "Oregon v. Stoneman" by Commonwealth Court of Pennsylvania " Book PDF Kindle ePub Free
eBook details
- Title: Oregon v. Stoneman
- Author : Commonwealth Court of Pennsylvania
- Release Date : January 28, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
Defendant was charged with paying to obtain a videotape and magazine that depicted sexually explicit conduct by a child under 18 years of age. ORS 163.680. The trial court held that ORS 163.680 violated Article I, section 8, of the Oregon Constitution and sustained defendants demurrer to the indictment on the basis of State v. Henry, 302 Or. 510, 732 P.2d 9 (1987). The state appeals, ORS 138.060(1), and argues that ORS 163.680 does not violate Article I, section 8, because: (1) the statute focuses on the harmful effects of speech, i.e., the abuse of children in the production of child pornography, and not the content of the expression itself; (2) if, however, the statute is content-based, it embodies a historical exception to Article I, section 8; and (3) laws enacted to protect children should be excepted from the sweep of Article I, section 8, because of their exceptional importance to the state. We affirm.
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