No Free Speech Protection for Obscenity, Child Pornography. | |||||||||||||
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Source: Oregon Blue Book [1] |
Ballot Measure 19 was a citizen's initiative in the U.S. state of Oregon in 1994. The measure sought to amend the Oregon Constitution, limiting free speech protection for obscenity and child pornography. The measure was rejected by the voters 54.3 percent to 45.7 percent. [1]
The measure was sponsored by the Oregon Citizens Alliance, the sponsor of Oregon Ballot Measure 9 (also a constitutional amendment), which among other things sought to prevent all governments in Oregon from using their resources to promote, encourage or facilitate homosexuality.
The text of the measure read as follows:
Article 1, Section 8 of this Constitution shall not be interpreted to prevent the people, the Legislative Assembly, or any City or County from enacting laws regulating or prohibiting obscenity, to the extent permitted by the United States Constitution. For purposes of this section, the term "obscenity" shall have the meaning given it by the United States Supreme Court, and in addition shall also include child pornography. [2]
Opposing the measure were a coalition of groups that made up the "No Censorship - No On 19" Committee, led by the American Civil Liberties Union. Other groups included bookstores, video stores and student groups.
The OCA also sponsored Measure 13 in the same year. [3]
In political science, an initiative is a means by which a petition signed by a certain number of registered voters can force a government to choose either to enact a law or hold a public vote in the legislature in what is called indirect initiative, or under direct initiative, where the proposition is put to a plebiscite or referendum, in what is called a Popular initiated Referendum or citizen-initiated referendum.
Ballot Measure 9 was a 1992 ballot measure in the U.S. state of Oregon. Concerning gay rights as well as pedophilia, sadomasochism, and public education, it drew widespread national attention.
The Oregon Constitution is the governing document of the U.S. state of Oregon, originally enacted in 1857. As amended the current state constitution contains eighteen sections, beginning with a bill of rights. This contains most of the rights and privileges granted in the United States Bill of Rights and the main text of the United States Constitution. The remainder of the Oregon Constitution outlines the divisions of power within the state government, lists the times of elections, and defines the state boundaries and the capital as Salem.
In California, a ballot proposition is a referendum or an initiative measure that is submitted to the electorate for a direct decision or direct vote. If passed, it can alter one or more of the articles of the Constitution of California, one or more of the 29 California Codes, or another law in the California Statutes by clarifying current or adding statute(s) or removing current statute(s).
In the politics of the United States, the process of initiatives and referendums allow citizens of many U.S. states to place new legislation, or to place legislation that has recently been passed by a legislature on a ballot for a popular vote. Initiatives and referendums, along with recall elections and popular primary elections, are signature reforms of the Progressive Era; they are written into several state constitutions, particularly in the West. It is a form of direct democracy.
Prior to the Supreme Court's decision in Obergefell v. Hodges (2015), U.S. state constitutional amendments banning same-sex unions of several different types passed, banning legal recognition of same-sex unions in U.S. state constitutions, referred to by proponents as "defense of marriage amendments" or "marriage protection amendments." These state amendments are different from the proposed Federal Marriage Amendment, which would ban same-sex marriage in every U.S. state, and Section 2 of the Defense of Marriage Act, more commonly known as DOMA, which allowed the states not to recognize same-sex marriages from other states. The amendments define marriage as a union between one man and one woman and prevent civil unions or same-sex marriages from being legalized, though some of the amendments bar only the latter. The Obergefell decision in June 2015 invalidated these state constitutional amendments insofar as they prevented same-sex couples from marrying, even though the actual text of these amendments remain written into the state constitutions.
Stanley v. Georgia, 394 U.S. 557 (1969), was a U.S. Supreme Court decision that helped to establish an implied "right to privacy" in U.S. law in the form of mere possession of obscene materials.
The Oregon Citizens Alliance (OCA) was a conservative Christian political activist organization, founded by Lon Mabon in the U.S. state of Oregon. It was founded in 1986 as a vehicle to challenge then–U.S. Senator Bob Packwood in the Republican primaries, and was involved in Oregon politics from the late 1980s into the 1990s.
Oregon Ballot Measure 37 is a controversial land-use ballot initiative that passed in the U.S. state of Oregon in 2004 and is now codified as Oregon Revised Statutes (ORS) 195.305. Measure 37 has figured prominently in debates about the rights of property owners versus the public's right to enforce environmental and other land use regulations. Voters passed Measure 49 in 2007, substantially reducing the impact of Measure 37.
U.S. Term Limits, Inc. v. Thornton, 514 U.S. 779 (1995), is a landmark U.S. Supreme Court decision in which the Court ruled that states cannot impose qualifications for prospective members of the U.S. Congress stricter than those the Constitution specifies. The decision invalidated 23 states' Congressional term limit provisions. The parties to the case were U.S. Term Limits, a nonprofit advocacy group, and Arkansas politician Ray Thornton, among others.
Term limits legislation – term limits for state and federal office-holders – has been a recurring political issue in the U.S. state of Oregon since 1992. In that year's general election, Oregon voters approved Ballot Measure 3, an initiative that enacted term limits for representatives in both houses of the United States Congress and the Oregon Legislative Assembly, and statewide officeholders. It has been described as the strictest term limits law in the country.
Ballot Measure 2 of 1998 is a ballot measure, since ruled unconstitutional, that added an amendment to the Alaska Constitution that prohibited the recognition of same-sex marriage in Alaska. The Ballot measure was sparked by the lawsuit filed by Jay Brause and Gene Dugan, after the two men were denied a marriage license by the Alaska Bureau of Vital Statistics. In Brause v. Bureau of Vital Statistics, 1998 WL 88743, the Alaska Superior Court ruled that the state needed compelling reason to deny marriage licenses to same-sex couples and ordered a trial on the question. In response, the Alaska Legislature immediately proposed and passed Resolution 42, which became what is now known as Ballot Measure 2. Ballot Measure 2 passed via public referendum on November 3, 1998, with 68% of voters supporting and 32% opposing. The Bause case was dismissed following the passage of the ballot measure.
An obscenity is any utterance or act that strongly offends the prevalent morality of the time. It is derived from the Latin obscēnus, obscaenus, "boding ill; disgusting; indecent", of uncertain etymology. The word can be used to indicate strong moral repugnance and outrage, in expressions such as "obscene profits" and "the obscenity of war". As a legal term, it usually refers to graphic depictions of people engaged in sexual and excretory activity, and related utterances of profane speech.
The 2009 Washington Referendum 71 (R-71) legalized domestic partnership in Washington state, the first statewide referendum in the United States that extended to LGBT people the rights and responsibility of domestic partnership. The bill had passed State Legislature, and it was signed into law by the Governor in May 2009, but opponents gathered enough signatures to put the measure before the voters, who returned ballots by mail over three weeks ending on November 3, 2009, approving the measure 53% to 47%. The new law went into effect 30 days later, on December 3, 2009.
State v. Henry was a 1987 decision of the Oregon Supreme Court which held that the Oregon state law that criminalized obscenity was unconstitutional because it violated the free speech provision of the Oregon Constitution. The ruling made Oregon the first to abolish the offense of obscenity in its state law, although obscenity remains a federal offense.
United States obscenity law deals with the regulation or suppression of what is considered obscenity. In the United States, discussion of obscenity typically relates to pornography, as well as issues of freedom of speech and of the press, otherwise protected by the First Amendment to the Constitution of the United States. Issues of obscenity arise at federal and state levels. The States have a direct interest in public morality and have responsibility in relation to criminal law matters, including the punishment for the production and sale of obscene materials. State laws operate only within the jurisdiction of each state, and there are wide differences in such laws. The federal government is involved in the issue indirectly, by making it an offense to distribute obscene pornographic material depicting children through the mail, to broadcast them, as well as in relation to importation of such materials.
Ballot Measure 13 (1994) was a ballot measure in the U.S. State of Oregon in 1994 concerning gay rights, spousal benefits, access to information, and public education.
Pacific States Telephone & Telegraph Co. v. Oregon, 223 U.S. 118 (1912), was a decision of the Supreme Court of the United States involving the constitutionality of the citizens' initiative and the enforceability of the Guarantee Clause of the Constitution. In an opinion authored by Chief Justice Edward Douglass White, a unanimous Court rejected a corporation's argument that the Guarantee Clause forbade Oregon's initiative process, citing Luther v. Borden to conclude that such claims presented political questions and thus were non-justiciable.