[Winona Online Democracy] "WSU mulberry mac lab version" MIME-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit About a year ago, I wrote an article on the adult bookstore for the Winonan, WSU's campus newspaper. The article dealt with the rights of the adult bookstore owner. While I'm opposed to the book store, I feel it is only proper to recognize his rights as an American citizen. I wrote the only article in all of Winona that identified his rights. The following is an excerpt from Winona county attorney Chuck MacLean. Bill: You are quite right to focus on the balancing issue. The Constitution protects majority rule and minority rights. And those rights must be balanced against one another. A bookseller has a right to sell anything protected by the Constitution. And I have an obligation to uphold his right to do so. And, of course, the persons who wish to view those protected materials have a right to view them. However, if the bookseller sells items that do not enjoy the protection of the Constitutional guarantees of free speech and free press, then the prosecutor can treat that like any other crime. The scales tip in favor of several neatly discernable categories: 1) child pornography, 2) "snuff" films (real not simulated violence), 3) knowingly allowing minors into the store, and 4) compelling unwilling adults to view the materials by placing them in the store window or making the materials otherwise visible from the street/sidewalk. The adults of Winona County, from whom the jury would be selected, may have many different internal clocks on the Obscenity issue. What is clearly obscene to one may be clearly non-obscene to another. And there is a broad spectrum of materials in the middle. From a criminal prosecution standpoint, I need to prove unanimously to all the jurors, beyond a reasonable doubt, that all elements of the crime are proven. That is a daunting task on the middle ground materials, and on materials where reasonable persons could differ as to its characterization. Many of our forebears gave their lives to secure for all of us the rights assured by the U.S. Constitution. We must not cast that lightly aside. None of us has a right to preclude another from publishing or speaking material that we personally find objectionable or offensive. The Constitution protects offensive speech. It is only when the material is Obscene (a difficult legal standard) or calls one to imminent lawless action that the society can restrain/prohibit the material. If you have other questions, please let me know. I appreciate the opportunity you ahve promised that I could view/review your article prior to publication. Thanks! --- Chuck -- Bill Radde News Editor 457-2425 ---------------- This message was posted to the Winona Online Democracy Project. Please visit http://onlinedemocracy.winona.org to subscribe or unsubscribe. Please sign all messages posted to this list with your actual name. Posting of commercial solicitations is not allowed on this list. Report problems to [EMAIL PROTECTED]
