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Florida Porn Ban Challenged
On December 31, 1998, an amended complaint was filed in the US district court for the Southern District of Florida in Miami challenging the Florida Department of Corrections' ban on sexually explicit material. In 1998 the Florida DOC changed Florida Administrative Code (FAC) 33-3.012 to mandate the censorship of publications that depict sexual conduct, including nudity and "actual contact with a person's clothed or unclothed genitals, pubic area, buttocks, or if such person is a female, breast."
The plaintiffs are PLN advertiser Komar Company (AKA Paper Wings), which sells and distributes sexually explicit materials to prisoners, and Florida prisoners Richard Davidson Jr., Thomas Chick, Louis Gaskins and Ted Herring. The plaintiffs maintain that the Florida DOC's ban on sexually oriented materials violates their First amendment right to free speech. The plaintiffs are seeking declaratory and injunctive relief and attorney fees.
Readers should note that in censorship cases with non prisoner plaintiffs, the Prison Litigation Reform Act limits on attorney fees does not apply.
PLN will report the outcome of the case. See: Komar Company v. Singletary, USDC SDFL, Case No. 98-14294- CIV-Davis.
The plaintiffs are PLN advertiser Komar Company (AKA Paper Wings), which sells and distributes sexually explicit materials to prisoners, and Florida prisoners Richard Davidson Jr., Thomas Chick, Louis Gaskins and Ted Herring. The plaintiffs maintain that the Florida DOC's ban on sexually oriented materials violates their First amendment right to free speech. The plaintiffs are seeking declaratory and injunctive relief and attorney fees.
Readers should note that in censorship cases with non prisoner plaintiffs, the Prison Litigation Reform Act limits on attorney fees does not apply.
PLN will report the outcome of the case. See: Komar Company v. Singletary, USDC SDFL, Case No. 98-14294- CIV-Davis.
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Related legal case
Komar Company v. Singletary
| Year | 1998 |
|---|---|
| Cite | USDC SD FL, 98-14294-CIV-Davis |
| Level | District Court |