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Show WEDNESDAY, MARCH 8, 1972 THE DAILY RECORD PAGE FIVE T Office of the Attorney General State of Utah Commissioner James L. Barker Salt Lake city Commissioner City & County Building Salt Lake City, Utah HH Fin; hhg 314 Parrott, Fin; See 10-8-- 84 and - Joseph Johnson, to Mur Off to Eq Eq 292486 - Plastic Prod Inc, 2340 S W Tmpl, SLC to FMA Leas; Off certain and definite. Eq Although the ordinance on its face may not have state 292487 - Colllster Dobson, 273 Cottonwood Mall, SLC to FMA constitutional defects, the problem still arises with each factual situation as to whether or not the prohibited acts come under the protection of free speech of the 1st and 14th Amendments of the United States Constitution as defined in recent cases of the United States Supreme Court. Leas; Off S Main, Floral Co, Evans to SLC FMA 244 150 Mgm, Leas; Eq - Manfred 292491 to S 1 W, SLC - FMA Hennlg, 4520 Leas; Off Eq Leas; Off ke - 13 E, 1955 Logan Barnard, SLC to 292500 - Wllliamsen Body & Eq, 1925 fndlana Av, SLC to FMA Leas; Off Eq . " Medlab Computer Ser, 292501 Inc, 520 E 5 S, SLC to FMA Leas Off Eq constitutionally protected speech or press." Based on that decision and subsequent cases in which some judges (but less than a majority) suggested the third test below, our statute U.C.A. 1953) now requires the three elements to be 292506 Mead, 5620 S Goodwater Dr, Mur to Fac Fin; hhg - Stepehn it Mead, Ditto; hhg - Javan 292507 Maxedon, 816 292508 - Arthur Welby, SLC 292509 - Joanna Holloway, St 4, Beck, 365 hhg to Pac Fin; SLC 180 hhg importance. 292511 seen that the necessity of having all three elements present allows great lattitude in the presentation of material,, only a portion of which, if isolated, would contain the necessary elements of obscenity. Williams Av, hhg Recently, however, the United States Supreme Court refused to review an Iowa free speech case which had been decided on legal theory different from the Roth case. The Iowa case used the doctrine stated in United States v. O'Brien. 391 U.S. 367 wherein the court held, in a case not dealing with obscenity, that "when speech and nonspeech elements are combined in the same course of conduct, a sufficiently important governmental interest in regulating the nonspeech element can justify incidental limitations on First Amendment freedoms." 292513 State v. Nelson. 178 N.W. 2d 434, upheld the conviction of the defendants under a lewdness and indecent exposure statute. The court held that governmental interest in regulating conduct which is not pure speech is compelling, or substantial, or sufficient if (1) the regulation is within the constitutional power of the government; (2) it furthers an important or substantial government interest; (3) interest is unrelated to the suppression of free expression; (4) the incidental restriction on alleged First Amendment freedoms is no greater than is essential to the furtherance of the governmental interest. the governmental would seem to allow the proof conduct if the governmental interest this case hibiting of specific acts were sufficient, and to lift the umbrella of protection of free speech given to an entire show, picture, production or boo Frank V. Nelson 292512 - Nola Park, hhg - 292580 Emery, Edward Burney, to Asso Fed SLC 710 E 2 Em CU; 1101 Em CU; to Pac Fin; SLC - to SLC hhg 2370 Pac Fin; hhg Wm 292592 - Harold Rendlesbach, 334 W 11800 S, Riverton to Swains Mtr Ser; Eq 48 Vern Bordero, SLC Fid to Ind Cr; 4, - Brad Burton, 3621 to Mur 1st hhg 292605 - Claudia Summers, 2165 E 6630 S, SLC to Comm Cr Pi; hhg 292608 - DeVern Thompson, 5344 S 5160 W, Kearns to Interlake Th; hhg 292609 - SLC E 9 S to 292517 - Collette Welle, 1033 E, Gordon - 292611 S 12 W, Johnston, 2455 to Interlake Th; Frank Scenlder, 1159 SLc to Rlngsby Cr Union; Cmpr to Pec Fin; Christiansen, to Willey Inv NEED MORE SPACE? 97( Co; hhg A. WARREN COLLINS Red Eitatc Sale & Development COMMERCIAL 292530 - Donald Cole, 8642 Vanquero Dr, Sandy to llley INDUSTRIAL LEASES APARTMENTS Inv Co; hhg 292531 - Charles S 900 E 67, SLC Inv Co; hhg SLC - Helen Erickson, 1382 Westminister, SLC to Bene Fin; Wahe, 818 Pac Fin; hhg 292528 - Robt 8 500 E, SLC - 292599 - Terry SLC 2 hhg hhg Revere Cir, hhg J Stanfield, 214 E to Lees Cpt; Merch, E SLC S, TV 292516 - 292589 2630 E SLC Main, - Everett Taylor, 2, SLC t0 ?e 292515 - Colletts Inc, 916 S to Westlnghse Cr Corp 292585 S 5 SLC to Asso Fed 292601 118 Allred, 803 Vine 1, Mur to Pac Fin; hhg i SLC 20, S Th Ln; Con Gds 292514 - Blaine Thompson, 7312 8 2870 E, SLC to Pac Fin; Stero S - Janet Singer, 292579 Crestwood Dr, - Arthur Larsen, State, St 292576 - Elmer Wlnrow, 3353 W 3540 S, Grgr to Willey Inv Co; S 6 E 292510 - Jon Ryder, 3137 S 1810 E, SLC to Pac Fin; hhg S W Robt Routh, 3910 S Hallmark Dr, Grgr to Willey Inv Co; Cpt 292597 to Pac Fin; relating to the description or representation of sexual matters; and (3) the material must be utterly without redeeming social It is readily E Cedar Ter Dr, Sandyto Pac Fin; hhg C 114 to Willey Inv SLC - 292568 1 (76-39-- 11, proved in order for the material to be obscene: (1) the domin ant theme of the material taken as a whole must appeal to a prurient interest in sex; (2) the material must be patently affronts contemporary community standards offensive because - Spencer Riggs, TV - Stephen 292506 In 1957 in Roth v. United States, 354 U.S. 476, the Court held that obscenity is not within the area of Supreme Peterson, 1082 to Willey Inv Mtrcyl, Auto, hhg - of our society." The Iowa Supreme Court, in S Leas; Off Eq FMA 292564 - Marlon S 1055 E, Sandy Co; hhg, C pt Co; hhg Eq European Mtr Ltd, 580 State, SLC to FMA Leas; Off 292497 Co; hhg 292566 Eq ok Steven Norris, 261 E 4, S.C to Willey Inv Pioneer Av, - 292496 S - Burton 1520 Inv - Gary Rassmussen, 958 Larkspur Dr, Sandy to Willey Inv Co; hhg Ray 292494 - State of Ut Dept Em Sec, 1234 S Main, SLC to FMA materials include photographs, both still and no pretense of artistic value, graphicalwith picture, 292556 - Lynn McKinnon, 3190 S 300 E, SLC to "illey Inv Co; hhg 292565 Chat win, 5081 Cheerful Dr, SLC to FMA Leas; Off Eq 292493 Such Co; hhg 292561 Off relative to obscenity. 292555 - W H Martin, 3419 Rulon St , Magna to Willey Inv E Leas; Off 292489 - Nat Property S 6 E 3B, SLC to MFA Perhaps the strongest case to uphold the prohibitions enumerated in the ordinance would be where the prohibited conduct and representations were such as described by Justice Stewart in Ginzburg v. United States, 383 U.S. 463. Although dissenting from the decision, Stewart set out a description of areas in which the courts had universally upheld statutes and ordinances - Carol Maddox, 1420 S SLC to "illey Inv Co; 292554 800 E, hhg 292557 - Donald McLelsh, 7335 S, SLC to Willey Co; hhg Eq Eq the limitations imposed by the ordinance offend the 6f freedom of speech in light of the strict interpretarights tion given by the courts on obscenity? ly depicting acts of sexual intercourse, including various acts of sodomy and sadism, and sometimes involving several particicharacter. They also include strips pants in scenes of orgy-licomic-boformat grossly depicting similar activof drawings in There are, in addition, pampan fashion. in ities exaggerated hlets and booklets, sometimes with photographic illustrations, verbally describing such activities in a bizarre manner with ho attempt whatsoever to afford portrayals of character or situation and with no pretense to literary value. All of this material... cannot conceivably be characterized as embodying communication of ideas, or artistic values inviolate under the First Amendment. . Justice Stewart continues: "Although arguments can be made to the contrary, I accept the proposition that the general dissemination of matter of this description may be suppressed under valid laws. That has long been the almost universal judgment - 292488 Do reasoning of Co; hhg Leas; E We believe this ordinance comes within the general rule that to be constitutional it must be one which the municipal legislative body has the power to enact and it must also to Willey Inv SLC 292545 - Norman Hatch, 5744 Turner Dr, SLC to Willey Inv 292485 - Mins on Ha lander, 1612 33 S, SLC to FM A Leas; Off 10-8-- 41, Bryce Hansen, 7097 Co; hhg Inc, FMA - 292543 Chris Ln, Leas; Off Eq 292484 - Wllllaasens, 1925 Indiana, SLC to U.C.A. 1953. jphe 292541 - Wilber Griffiths, 16 53 E 6670 S, SLC to Willey Inv Co; Cpt 599 hhg Em CU; 292483 - Rayne Soft Water Ser, 350 W Gregson Av; SLC FMA Co; hhg Co; hhg hhg 292482 to Willey Inv Cpt - Pete Golesh, 280 Cntr St, Mdvl to Willey Inv - Geraalnla, St, SLC 292540 to Nationw Fin; hhg David Lund, 862 Casa Negra, Mdvl to Bene prints, pictures or illustrations." - to - Norman Dye, 510 Colo 292536 262 Jolley, Bobbye SLC 292479 re "... - 292478 We have received your request for an opinion from this office on the constitutionality of a proposed ordinance for Salt Lake City designed to curb hard-copornography, it is our opinion that the ordinance, on its face, is constitutional that is, the city has the authority to prohibit such acts as are defined in the ordinance. The Utah Legislature, in language not unlike that used in statutes of many other states, has given broad powers to cities to "improve the morals" of the city and to suppress and prohibit "the sale, distribution or exhibition of obscene or lewd publications, motion 292476 - Steven Ardmore Pi, SLC I St, Dear Commissioner Barker: be Financing Statements Corlett, 3722 CONTINENTAL REALTY to Willey 487-596- 1471 292535 - Max Duran, 125 5th Av, Mdvl to Willey Inv Co; hhg 3 8mthUth East Salt Lake City, Utah . Mips e |