American Booksellers Foundation for Free Expression et al v. Sullivan

Filing 50

ORDER OF CLARIFICATION. (Jan, Chambers Staff)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
AMERICAN BOOKSELLERS
FOUNDATION FOR FREE
EXPRESSION, et al.,

Case No. 3:10-cv-0193-RRB

Plaintiffs,
vs.

ORDER OF CLARIFICATION

DANIEL S. SULLIVAN, in his
official capacity as ATTORNEY
GENERAL OF THE STATE OF
ALASKA,
Defendant.

Before the Court at Docket 48 is Defendant with a Motion for
Clarification which is opposed by Plaintiffs at Docket 49.
The

Court’s

Order

at

Docket

47

does

not

preclude

law

enforcement from seeking legitimate search warrants relating to
violations of AS 11.41.452 or AS 11.41.455.
However, for the reasons set forth in its Order Granting
Preliminary Injunction at Docket 47, AS 11.61.128 appears to be
vague and over-broad on its face.

Rather than specifically

addressing the conduct apparently sought to be criminalized, i.e.
the knowing transmittal of photographs of adult or prepubescent
genitalia to a minor by one seeking to groom the minor for

ORDER OF CLARIFICATION - 1
3:10-CV-0193-RRB

exploitation, which would likely be a legitimate prohibition, the
statute uses broad language that has been disfavored by many courts
in the past.

The Court has therefore found that Plaintiffs have

shown a strong likelihood of success on the merits, a possibility
of

irreparable

injury,

and

a

balance

of

hardship

favoring

Plaintiffs.
Given the Court’s previous order, AS 11.61.128 shall not be
enforced pending further order of this Court.
IT IS SO ORDERED.
ENTERED this 17th day of November, 2010.
S/RALPH R. BEISTLINE
UNITED STATES DISTRICT JUDGE

ORDER OF CLARIFICATION - 2
3:10-CV-0193-RRB