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Adult Stores, Threatened With Huge Fines, Vow to Remain Open
CNSNews.com ^ | November 19, 2001 | Rick Sarlat

Posted on 11/19/2001 12:38:13 PM PST by Stand Watch Listen

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1 posted on 11/19/2001 12:38:13 PM PST by Stand Watch Listen
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To: Stand Watch Listen
Firearms stores next.
2 posted on 11/19/2001 12:46:54 PM PST by Djarum
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To: Stand Watch Listen
"All the gun stores churches political opposition groups smut stores have to do is shut down to avoid the fines,'' said Mayor Baron H. Asher.
3 posted on 11/19/2001 12:49:04 PM PST by coloradan
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To: Djarum
Hmmmm...has a tax on bullets been mentioned as a possibility?
4 posted on 11/19/2001 12:49:27 PM PST by Stand Watch Listen
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To: Djarum
before you spazz, remember a similar approach toward pornography was part of what Rudy used to clean up Times Square....and it was proven to be a smashing success...

it isn't an attack on free speech, freedom of the press, or the right of people to peacable assemble and petition their gov't for a redress of grievances...

it's an attempt to force those who would sell pornography to take their business elsewhere...and if the town's committees have the support of the voters, it's perfectly legal and okey-dokey, so long as it does not violate the constitution.
5 posted on 11/19/2001 12:53:15 PM PST by Demosthenes
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To: coloradan
See, if it wasn't for the fact that Ron Jeremy is in so many films, they'd keep the places open.....

He da Man!

Be Seeing You,

Chris

6 posted on 11/19/2001 12:55:32 PM PST by section9
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To: Stand Watch Listen
The city should accuse them of engaging in pro-life activities. THEN they'll have the legal standing to shut them down...
7 posted on 11/19/2001 12:56:14 PM PST by Tall_Texan
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To: Djarum
Firearms stores next. 2 posted on 11/19/01 1:46 PM Pacific by Djarum [ Post Reply

I bet you are right!!

8 posted on 11/19/2001 12:59:09 PM PST by timestax
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To: Stand Watch Listen
What happened to freedom of choice?
9 posted on 11/19/2001 12:59:28 PM PST by SunStar
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To: Stand Watch Listen
These places have no right to be in business in the First Place IMHO. Corrupting the morals of society is wrong, Case Law Supports this, dating all the way back to the 1800's.

Supreme Court of Pennsylvania 1815 in the case of The Commonwealth v. Jesse Sharpless and others, 2 Serg. & R. 91-92, 97, 101-104 (1815), (case of an "a certain lewd...obscene painting, representing a man in an obscene...and indecent posture with a woman..."). Court’s verdict delivered by Judge Duncan: "...Whatever tends to the destruction of morality, in general, may be punishable criminally. Crimes are punishable offenses, not because they are perpetrated publicly, but because their effect is to injure the public... ...A picture tends to excite lust, as strongly as writing; and the showing of a picture is as much a publication as the selling of a book... ...If the privacy of the room was a protection, all the youth of the city might be corrupted, by taking them, one by one, into a chamber, and there inflaming their passions by the exhibition of lascivious pictures." In a demonstration of the strong feelings of the court on this issue, a second Justice, Judge Yates, added to the decision: "Although every immoral act, such as lying, etc., is not indictable, yet where the offense charged is destructive of morality in general...it is punishable at common law. The destruction of morality renders the power of government invalid... The corruption of the public mind, in general, and debauching the manners of youth, in particular, by lewd and obscene pictures exhibited to view, must necessarily be attended with the most injurious consequences.... No man is permitted to corrupt the morals of the people; secret poison can not be thus disseminated."

Roth v. United States, 354 U.S. 476 (1957): "We hold that obscenity is not within the area of constitutionally protected speech or press."

Miller v. California, 413 U.S. 15, (1973): "This much has been categorically settled by the court, that obscene material is unprotected by the First Amendment."

Paris Adult Theater v. Slaton, (1973): "We categorically disapprove the theory that obscene films acquire Constitutional immunity from state regulation simply because they are exhibited for consenting adults only. Rights and interests other than those of the advocates are involved. These include the interest of the public in the quality of life, the total community environment, the tone of commerce and possibly the public safety itself."

Paris Adult Theatre v. Slaton, (1973): "Mere availability of similar materials by itself means nothing more than other persons are engaged in similar activities [perhaps illegal]."

Hambling v. United States, (1974): "[T]he availability of similar materials on the newsstands of the community does not automatically make them admissible as tending to prove the non-obscenity of the materials which the defendant is charged with circulating."

Paris Adult Theatre v. Slaton, (1973): "The sum of experience affords an ample basis...to conclude that a sensitive, key relationship of human existence, center to family life, community welfare and the development of the human personality, can be debased and distorted by crass commercial exploitation of sex."

Miller v. California (1973): "In our view, to equate the free and robust exchange of ideas and political debate with commercial exploitation of obscene material, demeans the grand conception of the First Amendment and its high purposes in the historic struggle for freedom."

To those saying that Churches and Firearms will be next, The 1st and 2nd Amendment PROTECTS Churches and Firearms.

OBSCENE MATERIAL IS NOT PROTECTED! Liberals, Libertarians, and their Ilk WANT You to think it is, but it is not. Our Founding Fathers did not believe so, Case Law does not support it. Their Protection to corrupt society's morals exists only in the minds of the Libertarian or Liberal.

10 posted on 11/19/2001 12:59:40 PM PST by FF578
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To: Demosthenes
"We didn't clean up Times Square for the gun lobby to move in, and that's a case that Sen. Schumer's ready to make to the people of Times Square if and when it's necessary," said Cathie Levine, Schumer's spokeswoman.
11 posted on 11/19/2001 1:00:06 PM PST by Djarum
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To: Demosthenes
remember a similar approach toward pornography was part of what Rudy used to clean up Times Square....and it was proven to be a smashing success...

As long as the trains run on time…

it isn't an attack on free speech, freedom of the press, or the right of people to peacable assemble

Wrong on all counts, and you forgot private property rights.

12 posted on 11/19/2001 1:00:50 PM PST by freeeee
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To: Demosthenes
If someone doesn't like it , he/she can just look away.
13 posted on 11/19/2001 1:01:44 PM PST by timestax
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To: Stand Watch Listen
The Taliban would not allow these kinds of stores.
14 posted on 11/19/2001 1:04:07 PM PST by KeepTheEdge
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To: FF578
Funny how censors like to quote court decisions and not the Constitution itself.

Case law very often runs afoul of the Constitution. I'll take what the Constitution says in plain English, not what judges and lawyers tell me it says.

15 posted on 11/19/2001 1:04:27 PM PST by freeeee
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Comment #16 Removed by Moderator

To: FF578
I guess we should add lifestylepolice to gungrabbers/drugwarriors.
17 posted on 11/19/2001 1:05:15 PM PST by gcruse
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To: FF578
Our Founding Fathers did not believe so

Do you have anything to back up your claim?

18 posted on 11/19/2001 1:06:19 PM PST by freeeee
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To: SunStar
"What happened to freedom of choice?" What about my freedom to raise my children free of the filth that these stores send out to pollute the culture?
19 posted on 11/19/2001 1:07:24 PM PST by gjbevil
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To: section9
That's two threads today where you've mentioned Ron. Is there something you're trying to tell us? {grin}

Daytona is so full of it. They keep screwing around with zoning laws, but they keep making them retractive, which has very fuzzy legal standing at best. What'll probably happen is the same thing that happened in Palm Springs: you'll know you left the city limits because everything is lit in purple neon (the "official" signal of the smut shop, I noticed that a few years ago).

20 posted on 11/19/2001 1:08:03 PM PST by discostu
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