Planned Parenthood, ACLU, Powell's challenge Oregon anti-porn law

In 2007, a bi-partisan coalition of legislators voted 57-2 in th house and 28-1 in the Senate to beef up Oregon's anti-pornography laws.

Today, Naral, the ACLU, and Powell's bookstore announced their intention to challenge the new law in Federal Court. The law, which includes provisions to protect educational and artistic expression is being challenged on the grounds that some of its provisions are difficult to implement in practise.

“For booksellers, the new law is vague and difficult to apply,” said Michael Powell, owner of Powell’s Books in Portland and a plaintiff in the case. “It says a 13-year-old can legally buy these books, but it’s a crime to sell them to a 12-year-old. How do I ‘card’ a 12-year old?”

According to the suit, the new statute improperly criminalizes the dissemination of constitutionally-protected materials.

Examples include:

A health educator with Cascade AIDS Project who provides sex education materials to or discusses safe sexual behaviors with a teenager may be charged with a Class C felony. (And those who can claim an affirmative defense under the statutes cannot clear their names until after charges are filed, not before.)

A 17-year-old girl who lends her 13-year-old sister a copy of “Forever,” by Judy Blume, and tells her to “read the good parts” could be arrested and prosecuted for violating this law.

Proponents of the new law argue that the law is an attempt to reverse gains in limiting access of pornography to children. State Rep Andy Olson (R-Albany) issued a press releas saying that “No adult, and no bookstore, should be in the business of providing kids with the kind of content that is specifically listed in this law."