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Texas Obscenity Statute
The Texas obscenity statute is a statute prohibiting the sale of sex toys in Texas. The law was introduced in 1973, and was last updated in 2003. While the law was never formally repealed, in 2008 a U.S. District Judge released a report declaring it to be "facially unconstitutional and unenforceable." History In 1973, the Texas Legislature passed Section 43.21 of the Texas Penal Code, which, in part, prohibited the sale or promotion of "obscene devices." The statute defines "obscene device" as "a device including a dildo or artificial vagina, designed or marketed as useful primarily for the stimulation of human genital organs." The legislation was last updated in 2003, and Section 43.23 currently states, "A person commits an offense if, knowing its content and character, he wholesale promotes or possesses with intent to wholesale promote any obscene material or obscene device." Section (f) of the law also criminalizes the possession of six or more devices (or "multiple identical or ...
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Statute
A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by legislative bodies; they are distinguished from case law or precedent, which is decided by courts, and regulations issued by government agencies. Publication and organization In virtually all countries, newly enacted statutes are published and distributed so that everyone can look up the statutory law. This can be done in the form of a government gazette which may include other kinds of legal notices released by the government, or in the form of a series of books whose content is limited to legislative acts. In either form, statutes are traditionally published in chronological order based on date of enactment. A universal problem encountered by lawmakers throughout human history is how to organize published statutes. Such publications h ...
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Fourteenth Amendment To The United States Constitution
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Often considered as one of the most consequential amendments, it addresses citizenship rights and equal protection under the law and was proposed in response to issues related to former slaves following the American Civil War. The amendment was bitterly contested, particularly by the states of the defeated Confederacy, which were forced to ratify it in order to regain representation in Congress. The amendment, particularly its first section, is one of the most litigated parts of the Constitution, forming the basis for landmark Supreme Court decisions such as ''Brown v. Board of Education'' (1954) regarding racial segregation, ''Roe v. Wade'' (1973) regarding abortion ( overturned in 2022), ''Bush v. Gore'' (2000) regarding the 2000 presidential election, and ''Obergefell v. Hodges'' (2015) regarding same-sex marriage. The amendment ...
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Sex Offender Registration
A sex offender registry is a system in various countries designed to allow government authorities to keep track of the activities of sex offenders, including those who have completed their criminal sentences. In some jurisdictions, registration is accompanied by residential address notification requirements. In many jurisdictions, registered sex offenders are subject to additional restrictions, including on housing. Those on parole or probation may be subject to restrictions that do not apply to other parolees or probationers. Sometimes, these include (or have been proposed to include) restrictions on being in the presence of underage persons (under the age of majority), living in proximity to a school or day care center, owning toys or items targeted towards children, or using the Internet. Sex offender registries exist in many English-speaking countries, including Australia, Canada, New Zealand, the United States, Trinidad and Tobago, Jamaica, South Africa, the United Kingdom, an ...
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Texas Statutes
Texas (, ; Spanish: ''Texas'', ''Tejas'') is a state in the South Central region of the United States. At 268,596 square miles (695,662 km2), and with more than 29.1 million residents in 2020, it is the second-largest U.S. state by both area (after Alaska) and population (after California). Texas shares borders with the states of Louisiana to the east, Arkansas to the northeast, Oklahoma to the north, New Mexico to the west, and the Mexican states of Chihuahua, Coahuila, Nuevo León, and Tamaulipas to the south and southwest; and has a coastline with the Gulf of Mexico to the southeast. Houston is the most populous city in Texas and the fourth-largest in the U.S., while San Antonio is the second most populous in the state and seventh-largest in the U.S. Dallas–Fort Worth and Greater Houston are, respectively, the fourth- and fifth-largest metropolitan statistical areas in the country. Other major cities include Austin, the second most populous state capital in th ...
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Sex Toys
A sex toy is an object or device that is primarily used to facilitate human sexual pleasure, such as a dildo, artificial vagina or vibrator. Many popular sex toys are designed to resemble human genitals, and may be vibrating or non-vibrating. The term ''sex toy'' can also include BDSM apparatus and sex furniture such as slings; however, it is not applied to items such as birth control, pornography, or condoms. Alternative terms for ''sex toy'' include adult toy and the dated euphemism marital aid. ''Marital aid'' also has a broader meaning and is applied to drugs and herbs marketed to enhance or prolong sex. Sex toys are most commonly sold at sex shops or online, but they may also be sold in a pharmacy or chemist store, a pornographic store, a head shop, or a department store. Sex toys are available in almost all countries for males and females. Types Erotic electrostimulation Another form of sex toys for both men and women are those for erotic electrostimulation. Ero ...
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Obscenity Law
An obscenity is any utterance or act that strongly offends the prevalent morality of the time. It is derived from the Latin ''obscēnus'', ''obscaenus'', "boding ill; disgusting; indecent", of uncertain etymology. Such loaded language can be used to indicate strong moral repugnance and outrage, in expressions such as "obscene profits" and "the obscenity of war". As a legal term, it usually refers to graphic depictions of people engaged in sexual and excretory activity, and related utterances of profane speech. United States obscenity law In the United States, issues of obscenity raise issues of limitations on the freedom of speech and of the press, which are otherwise protected by the First Amendment to the Constitution of the United States. Federal obscenity law in the U.S. is unusual in that there is no uniform national standard. Former Justice Potter Stewart of the Supreme Court of the United States, in attempting to classify what material constituted exactly "what is ...
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ScienceBlogs
ScienceBlogs is an invitation-only blog network and virtual community that operated initially for almost 12 years, from 2006 to 2017. It was created by Seed Media Group to enhance public understanding of science. Each blog had its own theme, speciality and author(s) and was not subject to editorial control. Authors included active scientists working in industry, universities and medical schools as well as college professors, physicians, professional writers, graduate students, and post-docs. On 24 January 2015, 19 of the blogs had seen posting in the past month. 11 of these had been on ScienceBlogs since 2006. ScienceBlogs shut down at the end of October 2017. In late August 2018, the website's front page displayed a notice suggesting it was about to become active once again. History ScienceBlogs was launched in January 2006 with 15 blogs on the network. For the launch blogs, Seed invited some of the best-known independent science bloggers and allowed them to blog about whichev ...
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Certiorari
In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of an English prerogative writ, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. The term is Latin for "to be made certain", and comes from the opening line of such writs, which traditionally began with the Latin words "''Certiorari volumus''..." ("We wish to be made certain..."). Derived from the English common law, ''certiorari'' is prevalent in countries utilising, or influenced by, the common law''.'' It has evolved in the legal system of each nation, as court decisions and statutory amendments are made. In modern law, ''certiorari'' is recognized in many jurisdictions, including England and Wales (now called a "quashing order"), Canada, India, Ireland, the Philippines and the United States. With the expansion of administrative law in the 19th and 20th cen ...
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Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States ...
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Anti-Obscenity Enforcement Act
The Anti-Obscenity Enforcement Act of 1998 is an Alabama statute that criminalizes the sale of sex toys. The law has been the subject of extensive litigation and has generated considerable national controversy. The statute The statute was originally sponsored by State Senator Tom Butler of Madison, Alabama as a measure to prohibit nude dancing. It prohibits "any person to knowingly distribute, possess with intent to distribute, or offer or agree to distribute any obscene material or any device designed or marketed as useful primarily for the stimulation of human genital organs for any thing of pecuniary value." First-time offenders face a $10,000 fine and a year in prison, while repeat offenders can face up to ten years in prison. Exemptions exist for "bona fide medical, scientific, educational, legislative, judicial or law enforcement purposes." The law's most outspoken backers have been a coalition of conservative Christians led by Dan Ireland of the Alabama Citizens' Acti ...
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United States Court Of Appeals For The Eleventh Circuit
The United States Court of Appeals for the Eleventh Circuit (in case citations, 11th Cir.) is a federal court with appellate jurisdiction over the following U.S. district courts: * Middle District of Alabama * Northern District of Alabama * Southern District of Alabama * Middle District of Florida * Northern District of Florida * Southern District of Florida * Middle District of Georgia * Northern District of Georgia * Southern District of Georgia These districts were originally part of the Fifth Circuit, but were split off to form the Eleventh Circuit on October 1, 1981. For this reason, Fifth Circuit decisions from before this split are considered binding precedent in the Eleventh Circuit.Stein v. Reynolds Secs., Inc.', 667 F.2d 33 (11th Cir. 1982). The court is based at the Elbert P. Tuttle U.S. Court of Appeals Building in Atlanta, Georgia. The building is named for Elbert Tuttle, who served as Chief Judge of the Fifth Circuit in the 1960s and was known for issuin ...
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Texas Court Of Criminal Appeals
The Texas Court of Criminal Appeals (CCA) is the court of last resort for all criminal matters in Texas. The Court, which is based in the Supreme Court Building in Downtown Austin, is composed of a Presiding Judge and eight judges. Article V of the Texas Constitution vests the judicial power of the state and describes the Court's jurisdiction and sets rules for judicial eligibility, elections, and vacancies. Jurisdiction In Texas, the Court of Criminal Appeals has final jurisdiction over all criminal matters (excluding juvenile proceedings, which are considered civil matters), while the Texas Supreme Court is the last word on all civil matters. The Court of Criminal Appeals exercises discretionary review over criminal cases, which means that it may choose whether or not to review a case. The only cases that the Court must hear are those involving the sentencing of capital punishment or the denial of bail. Court composition The Court is composed of a Presiding Judge and e ...
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