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New
Bill Invites Churches
To
Sue Adult
Businesses
A State Senate
bill called the Florida Commercial Anti-Pornography Act (SB 1876)
has been introduced by Senator Siplin. SB 1879 provides civil
penalties against persons who distribute “pornography” for commercial
purposes. The bill allows “any person, including a church or religious
organization, or other representative group or organization” to
bring action under the act.
If civil penalties
are assessed in the litigation, the plaintiff (individual or group)
is entitled to reasonable attorney’s fees and costs. However,
the actual civil penalties are deposited into Florida’s General
Revenue Fund. “Pornography,” in this proposal, is defined in language
similar to the definition of obscenity laid down by the U.S. Supreme
Court in Miller v California; although the language is somewhat
abbreviated, leaving out entirely the “patently offensive” criterion
that is essential to the Miller test.
Setting aside
the confusion over language, and setting aside the various constitutional
issues of civil actions and the First Amendment, what is perhaps
scariest about this bill is the flagrant recruitment of churches
to assist state purposes. “Extending the remedies provided under
this act to any church or religious organization, or other representative
group or organization within this state, will further the purposes
of this act and result in a general benefit to the health and
welfare of the people of the state,” says the bill, blatantly,
in a preamble.
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Resources
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The
Holistic Wisdom Corporation