By WillametteLive Editors
from WillametteLive, Section News
Posted on Wed May 07, 2008 at 06:48:55 PM PDT
On July 31, 2007, Oregon's Governor Ted Kulongoski signed House Bill 2843. The law, that went into effect January 1, 2008, makes it a crime to provide sexually explicit material to a child through sales or viewing.A lawsuit has been filed against all District Attorneys, as well as Oregon's Attorney General Hardy Myers. The lawsuit's plaintiff's include Powell's Bookstore, Dark Horse Comics, Planned Parenthood, the ACLU, The Association of American Publishers, and numerous other booksellers and publishing groups. It hopes to block the law, due to the impractical nature of enforcing it.
"It says a 13-year-old can legally buy these books, but it's a crime to sell them to a 12-year-old. How do I 'card' a 12-year old?", Michael Powell of Powell's Books said in a statement.
In an affidavit filed with the court, Powell also said that due to the sheer volume of books at Powell's, it'd be impossible to make sure his store was not breaking the law. He said, "We receive on an average over 5,000 new titles per week. Obviously we cannot read each new title to determine whether there are any sexual explicit portions and if so whether such portions `serve some purpose other than titillation'."
Dark Horse Comics', who both publishes and sales comic books, stated in an affidavit that the only way they can follow the law is to "refrain from publishing the material entirely".
A spokeswoman for Attorney General Hardy Myers, Stephanie Soden, defended the law, telling The Oregonian, "This bill was supported by the attorney general when it was before the Legislature. At that time, he stated he believed that the protections afforded children from online predators were reasonable and that the provisions in the bill passed constitutional muster."
It appears that the plaintiff's don't disagree with that, but caution that it's been broadened to include innocent transactions.
"While the statute may have been a well-intentioned effort by the Oregon legislature to target sexual predators, it is so broadly written that it threatens all kinds of constitutionally protected speech," said Association of American Publishers president and CEO Pat Schroeder.
The Attorney General and other county district attorney named in the suit have yet to file a response. No hearing date has been set at this time.
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