ACLU Challenges Ore. Law That Restricts Provision Of Sexual Material To Minors

Main Category: Sexual Health / STDs
Also Included In: Medical Malpractice / Litigation;  Pediatrics / Children's Health;  Women's Health / Gynecology
Article Date: 01 May 2008 - 7:00 PDT

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The American Civil Liberties Union of Oregon and other groups last week filed a lawsuit in U.S. District Court in Portland, Ore., over a state law that restricts the sale and provision of sexually explicit material to minors, the AP/Oregonian reports. According to the lawsuit, the law "potentially criminalizes many constitutionally protected providers of sex education materials."

The law, which was approved by the Legislature in 2007, aims to prevent sexual predators from providing sexually explicit material or pornography to children younger than age 13. Under the law, health care providers, booksellers, librarians and community organizations could face incarceration and fines up to $125,000 if they are found in violation of the law, according to ACLU. The group also said the law is sufficiently vague that it could lead to parents being charged for providing sex education materials to their children or older siblings being charged for providing materials to younger children.

The law could result in cases in which "there is no way to tell the difference between constitutionally protected material and criminal material without taking the issue to a jury," Dave Fidanque, executive director of ACLU of Oregon, said. Michael Powell -- owner of Powell's Books in Portland, Ore. -- joined the lawsuit, saying that the law places a burden on booksellers to prove the ages of customers who purchase such materials.

Rep. Andy Olson (R), who sponsored the measure, said it aims to "protect kids and prevent harm from coming to children" and "nothing more." Olson added that the law is detailed enough to protect people or groups who provide sex education materials to children. Stephanie Soden -- a spokesperson for Attorney General Hardy Myers (D), who supports the law -- said constitutional issues regarding the measure were discussed when it was drafted and approved in the Legislature. Soden said Myers' office is "prepared to defend the law" and is "pretty confident in [its] position."

The suit names Myers and the state's district attorneys as defendants. Other plaintiffs in the suit include Powell's Books, Planned Parenthood of Columbia/Willamette, the Cascade AIDS Project and the Association of American Publishers, the AP/Oregonian reports (McCall, AP/Oregonian, 4/28).

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