What authority does the state have to regulate the distribution of sexually explicit material for the purpose of protecting the privacy of nonconsenting adults?

California, United States of America


The following excerpt is from Bloom v. Municipal Court, 127 Cal.Rptr. 317, 16 Cal.3d 71 (Cal. 1976):

Whatever the power of the state to regulate the public distribution of sexually explicit material for the purpose of protecting the privacy of nonconsenting adults, this power does not extend, in my view, to the suppression of communication between consenting parties, merely because others--not themselves exposed to the undesired communication--are nonetheless offended by the fact that the communication occurs. 'The ability of government, consonant with the Constitution, to shut off discourse solely to protect others from hearing it is, in other words, dependent upon a showing that substantial privacy interests are being invaded in an essentially intolerable manner. Any broader view of this authority would effectively empower a majority to silence dissidents simply as a matter of personal predilections.' (Cohen v. California, supra, 403 U.S. 15, 21, 91 S.Ct. 1780, 1786, 29 L.Ed.2d 284.)

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