Protect First Amendment Rights
Blocks Provisions of Statute Based on Irreparable Harm of Censorship
October 22, 2010
The Court agreed with attorneys for the plaintiffs that the “‘danger of this statute is . . . one of self-censorship.’” The Constitution protects speech on topics including contraception and pregnancy, sexual health, literature, and art. Contrary to the state’s assertions, the Court specifically found that “other statutes . . . are available for prosecution of predators via the internet” which do not infringe on First Amendment rights.
Plaintiffs include Fireside Books, Title Wave Books, Bosco’s, and Don Douglas Photography, as well as the Alaska Library Association, American Booksellers Foundation for Free Expression, ACLU of Alaska, Association of American Publishers, Comic Book Legal Defense Fund, Entertainment Merchants Association, and Freedom to Read Foundation.
Michael Bamberger of SNR Denton, lead attorney for the plaintiffs, stated: “We are very pleased that the Judge recognized the clear violation of the First Amendment rights of all citizens, in Alaska and throughout the country, posed by this overbroad statute. Plaintiffs agree with the Court that other state laws already address the important interest in protecting children, and have suggested improvements that could provide greater protection without violating constitutional rights.”
Attorneys for the Plaintiffs are Michael A. Bamberger, and Devereux Chatillon, of the New York office of SNR Denton; D. John McKay; and Tom Stenson, ACLU of Alaska Foundation.
SB 222, enacting Section 11.61.128 of the Alaska Statutes, was signed in May by Alaska Governor Sean Parnell.
Source of News:
Publish A Letter in SitNews Read Letters/Opinions