COMMERCE CLAUSE KEY IN FSC CHALLENGE.

COMMERCE CLAUSE KEY IN FSC CHALLENGE.

Kimball heard arguments this week from both sides in FSC’s challenge to Utah’s Child Protection Registry law (CPR). purchase, from being sent to those addresses. (See FSC’s website for a summary report covering the litigation prior to Judge Kimball’s hearing this week.)

During the hearing, Stephen Rhode, a constitutional lawyer who argued the case on behalf of FSC, asked for a preliminary injunction to block enforcement of the law. Utah attorneys asked Kimball to dismiss the challenge.

According to reports by FSC attorneys, Judge Kimball ignored Utah’s motion to strike but was attentive to FSC arguments that it violates the commerce clause of the Constitution for individual states to impose burdensome requirements which could force companies to submit their emails lists to 50 different registries.”

To date, Utah and Michigan have both enacted Do-Not-Email registries. In a related development, the U.S. Justice Department has weighed in by filing papers with the court in support of the CPR. The DOJ said that contrary to FSC’s claims, the federal Can-Spam Act does not supersede the CPR and the Utah law does not infringe on free speech.

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RAID FINDS ADULT PRODUCT IN SECRET ROOM

Acting on a “tip,” police here have raided Earrings and More, a local tattoo and body piercing studio, and arrested store owner Susan Russell, 54, on the investigation of 15 counts of dealing pornographic material, a third-degree felony, after finding “pornographic items” in a “secret” back room.

George Police Sergeant Craig Harding.

Lieutenant Scott Staley is handling the investigation. Staley said more than 1,000 items have been found and that Russell could face an individual charge for each pornographic item that was sold or found with intent to be sold.
No doubt by sheer coincidence the raid took place Tuesday afternoon just in time to make the 5:00 news on election day.

“It’s never good news when the 800-pound gorilla weighs in on the other side,” said FSC attorney Jerome Mooney. However, as Mooney noted, although the DOJ addressed the Can-Spam Act and First Amendment issues, they declined to comment on FSC’s commerce clause argument “They addressed the First Amendment issue, which they really didn’t have an interest in, maybe other than a political one, and they didn’t address the commerce issue, which I would think would be of the governmental interest.”

Mooney said the interstate commerce argument is his strongest weapon against Utah’s registry. If Kimball grants the injunction, FSC members will be protected from enforcement. Many adult businesses are already paying tens of thousands of dollars each month to be in compliance.

Pheromoans, a recently opened adult store here, and Pheromoans owners Lesley Mason and Meagan Pacheco have been indicted on three misdemeanor charges of violating the state’s obscenity laws for selling “Barely Legal Hotties,” “The Devil in Miss Jones” and “Deep Throat.”

The indictments followed an investigation by Stafford detectives, who determined that the videos depicted graphic sexual relations that “have a dominant theme that which is prurient in nature and were without serious artistic, literary, political or scientific value.” The cops were aided in their crime scene investigation by the fact that “Deep Throat” was used in a successful obscenity prosecution in Stafford 20 years ago. Sleep well, Stafford, your police are on duty.

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