American Booksellers Foundation for Free Expression et al v. Sullivan

Filing 54

Second MOTION re 47 Order on Motion for Preliminary Injunction to clarify by Daniel S. Sullivan.(Athens, Marika)

Marika R. Athens (AK Bar No. 0411096)
Assistant Attorney General
Department of Law
Office of Special Prosecutions and Appeals
310 K St., Suite 308
Anchorage, Alaska 99501
Telephone: [phone]
Facsimile: 907-269-7939
Email: [e-mail]
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA

AMERICAN BOOKSELLERS
FOUNDATION FOR FREE EXPRESSION;
AMERICAN CIVIL LIBERTIES UNION OF
ALASKA; ASSOCIATION OF AMERICAN
PUBLISHERS, INC.; COMIC BOOK LEGAL
DEFENSE FUND; ENTERTAINMENT
MERCHANTS ASSOCIATION; FREEDOM
TO READ FOUNDATION; DAVID &
MELISSA LLC d/b/a Fireside Books; BOOK
BLIZZARD LLC d/b/a Title Wave Books;
BOSCO’S, INC.; DONALD R. DOUGLAS
d/b/a Don Douglas Photography; and
ALASKA LIBRARY ASSOCIATION,
Plaintiffs,
v.
DANIEL S. SULLIVAN, in his official
capacity as ATTORNEY GENERAL OF THE
STATE OF ALASKA
Defendant.

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

CIVIL ACTION NO.:
3:10-cv-00193-RRB

MOTION TO CLARIFY

Daniel S. Sullivan, in his official capacity, through his undersigned counsel,
hereby requests further clarification of the court’s Order Granting Preliminary Injunction. In

the Order, the court stated that the State was enjoined from enforcing AS 11.61.128. The
Defendant seeks clarification of its ability to defend against an appeal based on the former
AS 11.61.128. James Moore was convicted of violating the former AS 11.61.128 and AS
11.41.452, online enticement of a minor. He now appeals his convictions and has been
released on probation. Relative to the former AS 11.61.128, Moore appeals that (1) the
image he distributed of himself masturbating his penis was not prohibited and (2) the court
should have granted a judgment of acquittal. These issues are separate from the claims being
raised in this action. The appellant’s brief was filed on 12/15/2010 and the State of Alaska’s
brief is due on 1/18/2011. The Defendant requests the court to clarify whether it may file a
brief defending Moore’s convictions under the former AS 11.61.128.
DATED this 5th day of January, 2011.
DANIEL S. SULLIVAN
ATTORNEY GENERAL
By: s/Marika R. Athens
Assistant Attorney General
Department of Law
Office of Special Prosecutions and Appeals
310 K St., Suite 308
Anchorage, Alaska 99501
Telephone: [phone]
Facsimile: 907-269-7939
Email: [e-mail]
CERTIFICATE OF SERVICE
I hereby certify that on the 28th day of December, 2010, a
copy of the foregoing document was served electronically on:
Michael Bamberger
D. John McKay
Thomas W. Stenson
Devereux Chatillon
s/Marika R. Athens
Marika R. Athens

Motion for Clarification
American Booksellers Foundation for Free Expression et al v. Sullivan
U.S. District Court of Alaska No. 3:10-cv-00193-RRB
Page 2 of 2