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State v. Henry : ウィキペディア英語版
State v. Henry

State v. Henry was a 1987 decision of the Oregon Supreme Court which held that the Oregon state law that criminalized obscenity was unconstitutional because it violated the free speech provision of the Oregon Constitution. The ruling made Oregon the first (and only state as of 2011) to abolish the offense of obscenity in its state law, although obscenity remains a federal offense.
==Background==
The case came about when the owner of an adult bookstore, Earl Henry, was charged and convicted of obscenity (specifically for possessing and distributing obscene materials) after police raided his store. He was fined $2,000 and sentenced to 60 days in jail but was allowed to remain free pending an appeal.〔 The ACLU of Oregon filed an appeal to the Oregon Supreme Court on Mr. Henry's behalf arguing that the Oregon Constitution's free speech clause (Article 1, Section 8) provides greater protection than the free speech clause found in the First Amendment to the United States Constitution and that "state courts should interpret and develop state law under their state constitutions without regard to the swings in interpretation at the national level", especially when state constitutions provide greater protections than the federal one.〔

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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