Meridian Movie Theater Fights Idaho Obscenity Law

A Meridian movie theater is suing the Idaho State Police in Federal Court because they are trying to remove the theater's liquor license for showing the R rated movie "50 Shades of Grey. " The case claims that the law on obscenity in films is unconstitutional. The 1999 law in question is Idaho law 23-614 that prohibits movie theaters with liquor licenses from showing movies with acts or simulated acts of sexual intercourse. No matter if the movie is rated R or PG-13. The violation is a misdemeanor that results in a $300 fine per occurrence and/or up to six months in jail and a suspension or revocation of the liquor license.

The Meridian Cinema's theater obtained a license in 2013, and undercover detectives have monitored it periodically for obscenity. The theatre says that the law obstructs freedom of speech; therefore, making it unconstitutional. They also cite the Ninth Circuit ruling in LSO ltd. v. Stroh, which established that liquor regulations could not be used to impose restrictions on speech that would be prohibited under the First Amendment.

Meridian Cinemas is seeking a declaratory judgment, which is an injunction to protect it from fines and revocation of its liquor license, and they want the police to terminate the administrative proceeding.

Comments from Allen:  A long time ago, many cities brought actions actions against theaters for this exact reason.  However, the Supreme Court has struck down these actions as being violative of the theaters' First Amendment right to Freedom of Speech.

Aware of the broad First Amendment protections given theaters, the Idaho House State Affairs Committee yesterday unanimously voted to submit a bill repealing the state's prohibition of showing simulated sex acts in theaters that serve liquor, and replacing it with a law that merely prohibits showing films that violate state or federal obscenity laws in places that have state liquor licenses: http://www.spokesman.com/blogs/boise/2016/mar/08/bill-repeal-idahos-unconstitutional-movie-theater-obscenity-law-unanimously-clears-house-panel/

The bill was drafted by Idaho's Attorney General's office, which was aware the existing Idaho law was probably unconstitutional.

***********************************************************************************************************************

Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen handles cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.

Also, check out browninglaw.net for more information about Allen and Browning Law.

Allen Browning can help with all personal injury claims including motor vehicle accidents,truck accidents, auto accidents, serious and disabling accidents, and wrongful death claims.

Allen Browning is an Idaho Falls attorney who can also help with drunk driving (DUI), traffic violations, Felony, Misdemeanor, Domestic Violence, Drug Crimes, Theft, Juvenile Crimes, battery and assault charges, Violent Crimes, and Probation/Parole Violations. He is one of the most experienced and successful criminal defense attorneys in Idaho.
Allen is able to provide his services if the incident occurs in the following Idaho Areas: American Falls, Arco, Blackfoot, Boise, Burley, Driggs, Idaho Falls, Malad City, Pocatello, Rexburg, Rigby, Salmon, St. Anthony, Twin Falls, Bannock County, Bingham County, Bonneville County, Butte County, Cassia County, Clark County, Fremont County, Jefferson County, Lemhi County, Madison County, Oneida County, Power County, Teton County, and Twin Falls County.    
Sources for more information:

http://www.courthousenews.com/2016/01/22/movie-theater-fights-idaho-obscenity-law.htm

http://www.ktvb.com/story/news/local/2016/01/21/meridian-theater-suing-isp-for-threatening-to-pull-liquor-license/79097994/

Comments

Post a Comment

Popular posts from this blog

7 Things Lawyers Can't Tell Jurors

Image
 It is a trial lawyer's job to educate jurors, and tell them what they need to know in order to decide cases. Despite this, there are many things, true things, that lawyers are not allowed to tell jurors directly in statements to the jury or indirectly through testimony of their witnesses. Lawyers know these things, though, and I thought you might like to know some of things. #1. A lawyer can't tell the jurors anything that happened during settlement negotiations. He cannot let the jurors know, when asking them to make the defendant pay his client $100,000 that the defendant agreed to pay him $80,000 prior to the trial. The reason for this is that you want settlement negotiations to be very open. You don't want to damage a negotiation session because someone is afraid that what they say will get repeated to a jury if you don't strike a deal. #2 In Idaho, a lawyer can't tell the jurors that the defendant has insurance. In many other states, he can. Bec...
Read more

OBAMA APPOINTEE DENIES GIULIANI ABILITY TO DEFEND HIMSELF, RESULTS IN $148 MILLION JUDGMENT

Image
In the aftermath of the January 6, 2021 protests, Rudy Giuliani has been ordered to pay over $148 million in damages to two Georgia election workers named by the former New York mayor.  What has not been explained to the general public is that there was never any trial concerning whether Mr. Giuliani had actually slandered or libeled these two persons.   In the case of Giuliani, the two Georgia election workers listed as plaintiffs in the suit against Giuliani sued him for saying they engaged in what amounted to election fraud.  They are allowed to ask the defendant ex-mayor for documents relevant to their suit and to his defense. These women brought their case against Giuliani in a jurisdiction that is heavily populated with Democrats.  They could have sued in their home state, Georgia, but did not. They wanted a jury pool of anti-Trump democrats, so they sued in Washington, D.C. They managed to get an incredibly biased Barack Obama-appointed, anti-Trump judge....
Read more

Man Framed by Prosecutor Released After 29 Years in Prison Seeking Lawsuit

Image
19 year old, Charise Kamps, was found raped and strangled to death in her apartment in June 1980. Ralph Armstrong told the police that both of them were at the apartment alone doing cocaine before leaving to go see friends around 9:30 pm. Police said that they learned that Armstrong owed Kamp's boyfriend $400 and witnesses saw Armstrong handing Kamps money that night. However, the money was not found in the apartment, and Armstrong deposited $315 in his bank the next day.The defense argued that he got the money from his brother. One of the neighbors saw a lean, muscular man about 5 feet 5 inches tall with long, dark hair drive up to the apartment. Before the identification process, the police had the witness hypnotized. He was shown a photograph of Armstrong, and After being hypnotized, the witness changed the height of the man he saw. Later at a lineup to have the witness select the man he saw, he chose Armstrong. The other people in the lineup were police officers in wigs...
Read more