American Booksellers Foundation for Free Expression et al v. Sullivan

Filing 50


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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

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