<?xml version="1.0" encoding="UTF-8"?><rss version="2.0"
	xmlns:content="http://purl.org/rss/1.0/modules/content/"
	xmlns:dc="http://purl.org/dc/elements/1.1/"
	xmlns:atom="http://www.w3.org/2005/Atom"
	xmlns:sy="http://purl.org/rss/1.0/modules/syndication/"
		>
<channel>
	<title>Comments on: Commentary: An anti-porn law that will survive?</title>
	<atom:link href="http://www.scotusblog.com/2007/10/commentary-an-anti-porn-law-that-will-survive/feed/" rel="self" type="application/rss+xml" />
	<link>http://www.scotusblog.com/2007/10/commentary-an-anti-porn-law-that-will-survive/</link>
	<description>The Supreme Court of the United States blog</description>
	<lastBuildDate>Thu, 26 Jun 2008 21:56:34 +0000</lastBuildDate>
	<generator>http://wordpress.org/?v=2.9</generator>
	<sy:updatePeriod>hourly</sy:updatePeriod>
	<sy:updateFrequency>1</sy:updateFrequency>
		<item>
		<title>By: Chee Foong Chew</title>
		<link>http://www.scotusblog.com/2007/10/commentary-an-anti-porn-law-that-will-survive/comment-page-1/#comment-12580</link>
		<dc:creator>Chee Foong Chew</dc:creator>
		<pubDate>Wed, 31 Oct 2007 15:56:57 +0000</pubDate>
		<guid isPermaLink="false">http://www.scotusblog.com/wp/uncategorized/commentary-an-anti-porn-law-that-will-survive/#comment-12580</guid>
		<description>Mortez, 

I think your concern was slightly alluded to by Justice Breyer in the oral argument. 5-20 years in prison of punishment is excessive for material that was recorded between two consenting individuals.</description>
		<content:encoded><![CDATA[<p>Mortez, </p>
<p>I think your concern was slightly alluded to by Justice Breyer in the oral argument. 5-20 years in prison of punishment is excessive for material that was recorded between two consenting individuals.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Mortez Jackson</title>
		<link>http://www.scotusblog.com/2007/10/commentary-an-anti-porn-law-that-will-survive/comment-page-1/#comment-12576</link>
		<dc:creator>Mortez Jackson</dc:creator>
		<pubDate>Wed, 31 Oct 2007 15:32:54 +0000</pubDate>
		<guid isPermaLink="false">http://www.scotusblog.com/wp/uncategorized/commentary-an-anti-porn-law-that-will-survive/#comment-12576</guid>
		<description>Thanks.

I also had another hypothetical question about this statute.  Since sixteen is the age of consent in many states, suppose two sixteen year olds had sex (legally) and then recorded it.  They kept it and each told their friends they had a hot sex tape of themselves.  Could they too be convicted under both the possession and pandering elements?  I guess the answer is  a pretty obvious &quot;yes,&quot; but that raises many other concerns for me.</description>
		<content:encoded><![CDATA[<p>Thanks.</p>
<p>I also had another hypothetical question about this statute.  Since sixteen is the age of consent in many states, suppose two sixteen year olds had sex (legally) and then recorded it.  They kept it and each told their friends they had a hot sex tape of themselves.  Could they too be convicted under both the possession and pandering elements?  I guess the answer is  a pretty obvious &#8220;yes,&#8221; but that raises many other concerns for me.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Michael Masinter</title>
		<link>http://www.scotusblog.com/2007/10/commentary-an-anti-porn-law-that-will-survive/comment-page-1/#comment-12571</link>
		<dc:creator>Michael Masinter</dc:creator>
		<pubDate>Wed, 31 Oct 2007 13:54:21 +0000</pubDate>
		<guid isPermaLink="false">http://www.scotusblog.com/wp/uncategorized/commentary-an-anti-porn-law-that-will-survive/#comment-12571</guid>
		<description>&gt;&gt;Am I mistaken, or didn’t Scalia’s entire opinion in R.A.V rest on the overbreadth doctrine?&gt;&gt;

No; Justice Scalia did not hold the statute unconstitutionally overbroad.  Writing for the Court, Scalia held the statute violated the first amendment because it punished speech on the basis of its viewpoint.  Writing for four concurring Justices, Justice White argued that the Court should have held the statute unconstitutional as overbroad rather than as viewpoint discrminatory.</description>
		<content:encoded><![CDATA[<p>&gt;&gt;Am I mistaken, or didn’t Scalia’s entire opinion in R.A.V rest on the overbreadth doctrine?&gt;&gt;</p>
<p>No; Justice Scalia did not hold the statute unconstitutionally overbroad.  Writing for the Court, Scalia held the statute violated the first amendment because it punished speech on the basis of its viewpoint.  Writing for four concurring Justices, Justice White argued that the Court should have held the statute unconstitutional as overbroad rather than as viewpoint discrminatory.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Susan Schlesinger</title>
		<link>http://www.scotusblog.com/2007/10/commentary-an-anti-porn-law-that-will-survive/comment-page-1/#comment-12564</link>
		<dc:creator>Susan Schlesinger</dc:creator>
		<pubDate>Wed, 31 Oct 2007 08:45:46 +0000</pubDate>
		<guid isPermaLink="false">http://www.scotusblog.com/wp/uncategorized/commentary-an-anti-porn-law-that-will-survive/#comment-12564</guid>
		<description>The Court got very far afield of what is really wrong with this statute: that one can be punished for presenting something in a way that &quot;reflects the belief&quot; that you, the holder of the something, think its salacious and involves kids, even if it does not. Where is the boundary on deciding that someone&#039;s utterance &quot;reflects&quot; such a belief?  And where is the boundary on policing someone&#039;s beliefs?  The court got off on, and Mr. Diaz didn&#039;t redirect it, what the potential recepient of the message would reasonably believe.  This seems to miss the point.</description>
		<content:encoded><![CDATA[<p>The Court got very far afield of what is really wrong with this statute: that one can be punished for presenting something in a way that &#8220;reflects the belief&#8221; that you, the holder of the something, think its salacious and involves kids, even if it does not. Where is the boundary on deciding that someone&#8217;s utterance &#8220;reflects&#8221; such a belief?  And where is the boundary on policing someone&#8217;s beliefs?  The court got off on, and Mr. Diaz didn&#8217;t redirect it, what the potential recepient of the message would reasonably believe.  This seems to miss the point.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Mortez Jackson</title>
		<link>http://www.scotusblog.com/2007/10/commentary-an-anti-porn-law-that-will-survive/comment-page-1/#comment-12539</link>
		<dc:creator>Mortez Jackson</dc:creator>
		<pubDate>Tue, 30 Oct 2007 19:39:33 +0000</pubDate>
		<guid isPermaLink="false">http://www.scotusblog.com/wp/uncategorized/commentary-an-anti-porn-law-that-will-survive/#comment-12539</guid>
		<description>Am I mistaken, or didn&#039;t Scalia&#039;s entire opinion in R.A.V rest on the overbreadth doctrine?</description>
		<content:encoded><![CDATA[<p>Am I mistaken, or didn&#8217;t Scalia&#8217;s entire opinion in R.A.V rest on the overbreadth doctrine?</p>
]]></content:encoded>
	</item>
</channel>
</rss>
