American Booksellers Foundation for Free Expression et al v. Sullivan
ORDER OF CLARIFICATION. (Jan, Chambers Staff)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
FOUNDATION FOR FREE
EXPRESSION, et al.,
Case No. 3:10-cv-0193-RRB
ORDER OF CLARIFICATION
DANIEL S. SULLIVAN, in his
official capacity as ATTORNEY
GENERAL OF THE STATE OF
Before the Court at Docket 48 is Defendant with a Motion for
Clarification which is opposed by Plaintiffs at Docket 49.
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
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
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
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