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HappyNoodle
Member since 9-Oct-06
19 posts, Rate this user		 31-Dec-09, 06:04 PM (PST)
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"Law nerd question about constitutional right of privacy"
 
I'm going to take a wild guess that there are many lawyers on RB, so I want to throw out this question and see if any of them have the answer or can point me in the right direction. I'm interested in researching Constitutional challenges to anti-prostitution laws. It seems straightforward to me that the Bowers and Griswold line of Supreme Court cases establishing a right to sexual privacy among consenting adults would equally extend to the context of sex work. Any body know of any federal circuit court opinions, state appellate decisions or law review articles addressing the issue?
Thanks

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Law nerd question about constitutional right of privacy [View All], HappyNoodle, 06:04 PM, 31-Dec-09, (0)  
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sportsman20 click here to view user rating
Member since 22-May-04
684 posts, 12 feedbacks, 23 points		 01-Jan-10, 02:54 AM (PST)
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1. "RE: Law nerd question about constitutional right of privacy"
In response to message #0
 
I am not an attorney but this is interesting to me. In both cases there was no exchange of money.

If I was King of America I would implement laws mandating that if there is no victim, there is no crime.

If I can help in your pursuit in any way feel free to inbox me. I assume you are an attorney licensed to practice in CA.? Maybe that is not the same thing as a law nerd?

There is also a private legal forum here on RB that you may want to look into (or may want to avoid).

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HappyNoodle
Member since 9-Oct-06
19 posts, Rate this user		 01-Jan-10, 11:43 AM (PST)
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5. "RE: Law nerd question about constitutional right of privacy"
In response to message #2
 
Totally agree with you that the political motivation for illegalization is fueld by the seedy side of sex work (ie. human trafficking and the like). Not so sure I agree that the issue is commerce, not sex though - at least from a legal perspective.

Most if not all of the conduct that is now considered to be covered by the right to 'privacy' is inherently commercial in part. The right to abortion isn't abridged by the fact that the patient may pay the doctor for the abortion; the right to bear arms isn't abridged because the citizen bought the gun; and press freedoms are not abridged because newspapers and cable outlets charge subscription fees.

The commerce angle is still interesting to me though because in the early part of the 20th Century the Supreme Court held that the contitution protected freedom of commerce and the right to enter into contracts (called the "Lochner era"). That's no longer true, but many of the same conservatives who oppose prostitution also want a return Lochner, even though the "freedom of contract" argument would also aply to sex work. So to me that contradiction suggests that the issue is sex and morals, not commerce.

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VonClitzentitz
Member since 10-Apr-07
3053 posts		 01-Jan-10, 10:48 AM (PST)
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3. "RE: Law nerd question about constitutional right of privacy"
In response to message #0
 
   >I'm interested in researching Constitutional challenges to anti-prostitution laws.

All you have ever wanted to know about "constitutional challenges" and the SCOTUS:

Men in Black: How the Supreme Court Is Destroying America by Mark Levin
http://www.amazon.com/Men-Black-Supreme-Destroying-America/dp/1596980095/ref=sr_1_1?ie=UTF8&s=books&qid=1262371554&sr=8-1

In a nutshell:
a) there is no right to privacy of any kind in the US constitution.
b) the Court makes up what it wants it to be.

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DallasLengthy
Member since 5-Jan-10
73 posts, Rate this user		 05-Jan-10, 04:48 PM (PST)
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7. "RE: Law nerd question about constitutional right of privacy"
In response to message #3
 
Any time you see a book with "destroying/ruining/endangering America" in the title, you'll find that the text is encouraging you not to think (or was written for an audience who likes to have someone else do their thinking, if you prefer).

A terrorist with a bushel basket of "dirty" nuclear weapons would be "destroying America." An activist Supreme Court Judge might be making a legal mess our children would have a job of cleaning up later, but the U.S. would still be around long after that Justice is gone.

That point is underscored by the fact that Levin screeches in horror about certain SCOTUS decisions going back to the turn of the 19th century, yet the country is still here. What Levin -- a raging conservative nutjob radio host in the Limbaugh mold -- calls "activism" is really just the court acting as the voice of moderation.

This book will appeal to anyone who has a red white and blue orgasm when the term "death panels" is uttered.

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VonClitzentitz
Member since 10-Apr-07
3053 posts		 06-Jan-10, 06:41 PM (PST)
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14. "RE: Law nerd question about constitutional right of privacy"
In response to message #7
 
   >Any time you see a book with "destroying/ruining/endangering America" in the title, you'll find that the text is
>encouraging you not to think (or was written for an audience who likes to have someone else do their thinking, if you
>prefer).

I take it you have read the book.

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meiji click here to view user rating
Member since 5-Dec-07
199 posts, 2 feedbacks, 1 points		 05-Jan-10, 07:38 PM (PST)
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9. "RE: Law nerd question about constitutional right of privacy"
In response to message #3
 
  
I've always said that the 4th Amendment is pretty explicit in spelling out a right to privacy, although the court system has never held that to be the case.

I certainly think that human trafficking issues are a human rights problem, although there's many cases even with asian providers those girls aren't being tricked into it. Many providers are more like small business owners than the helpless victims that some portray them to be.

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en_mi_suenos
Member since 22-Mar-09
7 posts		 05-Jan-10, 05:05 PM (PST)
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8. "RE: Law nerd question about constitutional right of privacy"
In response to message #0
 
Please review the attached article by clicking the link below.

http://works.bepress.com/cgi/viewcontent.cgi?article=1000&context=benjamin_novak

Freeing Jane: A Legal Argument for the Decriminalization of
Prostitution
By: Benjamin David Novak

Hope this helps!

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dArtagnon click here to view user rating
Member since 22-Nov-09
157 posts, 4 feedbacks, 8 points		 05-Jan-10, 10:51 PM (PST)
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10. "RE: Law nerd question about constitutional right of privacy"
In response to message #0
 
LAST EDITED ON 05-Jan-10 AT 10:54 PM (PST)
 
Sounds like homework. Why don't you do your own research? ABA law school student perhaps? Shame on you for being so lazy.

It would seem to me that whatever challenge you discover, it must involve one that places the particular law under strict scrutiny (necessary to achieve a compelling purpose with the least restrictive means...). The Court is then likely to strike it down unless the proponent of the law can meet this high burden.

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HappyNoodle
Member since 9-Oct-06
19 posts, Rate this user		 08-Jan-10, 08:02 PM (PST)
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15. "RE: Law nerd question about constitutional right of privacy"
In response to message #10
 
"Sounds like homework. Why don't you do your own research? ABA law school student perhaps? Shame on you for being so lazy."

Ouch, why the jab? There's no harm in asking. Judging by your answer I'm guessing you know how expensive Westlaw and Lexis charges are, right? Give an RB brutha' a break!

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spatsky
Member since 28-Apr-09
593 posts		 06-Jan-10, 07:56 AM (PST)
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11. "RE: Law nerd question about constitutional right of privacy"
In response to message #0
 
check on district 9 court decisions... Neveda belongs on the district 9 i believe and that should get your eyes popping for research. Las Vegas sits on a county that allows prostitution but the city does not allow the it. it is somewhat tolerated as a form of revenue...

furthermore, the idea is being attacked today in the ideas of obscene as it deals towards privacy issues. this is like smoking ganja just as long that the smell does not wreak havok throughout the community. besides, during times of war, prostitution is allowed and regulated for tax revenues for the federl government

truth of the matter, America has the most idiotic/chaotic system of law in the world with the British system incorporating key ideas of Roman law back to its system already being part of the EU. i would not be surprised that any in law school today do not know the person who devised the constitution could not be the president of our nation.

if Alexander Hamilton was alive today, he be appalled at our mentality speaking like a Jamaican. that is right, he had a thick creole accent and the reason he was born in the West Indies did not help matters as Aaron Burr shot his womanizing pevertedness.

im no lawyer so law school is just paying a school some money to get a license where anyone in America is already entitled to! just like the idea of prostitution - math serves better lawyers than the illeterates!

spazz.key.spat.zes.s.posts.key=SpeakEasies..!!

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elbarco
Member since 29-Aug-03
219 posts, Rate this user		 06-Jan-10, 01:06 PM (PST)
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12. "RE: Law nerd question about constitutional right of privacy"
In response to message #0
 
   I'm no lawyer, but: You're wasting your time with that approach so long as prostitution is considered a crime. The right to privacy is subject to legitmate and/or compelling government interests. [For example, you might recall Justice Holmes' example of yelling "fire" in a crowded theater.] Preventing crime and criminal behavior (whether or not you agree that prostitution is, should be, or contributes to crime) is such an interest. Therefore, the right to privacy gives way to the state's interests in preventing and/or regulating prostitution. A better use of your time might be work to decriminalize prostitution.

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Tunaboy click here to view user rating
Member since 2-Jan-07
130 posts, 2 feedbacks, 4 points		 06-Jan-10, 06:02 PM (PST)
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13. "RE: Law nerd question about constitutional right of privacy"
In response to message #0
 
   >I'm going to take a wild guess that there are many lawyers
>on RB

Yes this is a whore board

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