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Askthejudge.info features regular updates from the news, important decisions from the nation′s courts, and online discussions with Judge Tom. Find out everything you need to know about youth rights, juvenile law and juvenile justice. AsktheJudge – Empowering youth one question at a time.

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Copyright, 2014
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October 22, 2010
Judge Tom
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Laws against sexually explicit books to minors overturned

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In an attempt to shield children from sexually arousing materials, Oregon passed two laws in 2007.  The first was addressed to those under 13 and excluded all books containing sexually explicit content.  The second law restricted sexual references to those under 18.

Bookstore owners, librarians, publishers and sex-education professionals challenged the laws in court.  They claimed that although the laws were well-intentioned to target sexual predators, they put parents and others at risk of jail time or fines.  They argued that if the laws were allowed to stand, a 17-year-old who lends her younger sister a copy of Judy Blume’s “Forever” could be arrested and prosecuted.  Likewise, a health-ed teacher could be charged with a felony for discussing safe sex with anyone under 18.

In September, 2010, a federal appeals court found both laws unconstitutional as overbroad and an infringement of free speech rights.  States may restrict a minor’s access to materials found harmful to them.  “However, speech that is neither obscene as to youths nor subject to some other legitimate proscription cannot be suppressed solely to protect the young from ideas or images that a legislative body thinks unsuitable for them.”

Find out more about censorship and the First Amendment here.

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The Author Judge Tom

Judge Tom is the founder and moderator of AsktheJudge.info. He is a retired juvenile judge and spent 23 years on the bench. He has written several books for lawyers and judges as well as teens and parents including 'Teen Cyberbullying Investigated' (Free Spirit Publishing) and 'Every Vote Matters: the Power of Your Voice, from Student Elections to the Supreme Court' (Free Spirit Publishing). In 2020, the American Bar Association published "Cyberbullying Law," the nation's first case-law book written for lawyers, judges and law students. When he's not answering teens' questions, Judge Tom volunteers with the American Red Cross and can be found hiking, traveling and reading.

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