Question
Gail's Books is a large bookstore in Riverside. It stocks a wide range of both fiction and nonfiction works that are suitable for readers of
Gail's Books is a large bookstore in Riverside. It stocks a wide range of both fiction and nonfiction works that are suitable for readers of all ages. Shortly after the new state law was adopted, the Committee to Undermine the Sale of Smut (CUSS) complained to the local prosecutor that Gail's Books was in violation of the law. CUSS members say that they inspected the bookstore and found material that is unacceptable to minors in the following sections of the bookstore: art, photography, social science, natural science, mystery, fantasy, general fiction, and humor. Gail Storm, the owner of the store, admits that some of the books in all those sections might not be suitable for children. She also admits that she simply does not have the room to have an "Adults Only" section for all of these categories of books. She said that minors are prohibited from buying such books and that her sales staff, who work on the floor of the store, observe that young people are not reading books that would be covered by the new state ordinance."CUSS insists that the state prosecute Gail, so a criminal complaint is issued against the store, alleging a violation of the state's new law.
Question 1 - Are such variable obscenity laws constitutional? Why, or why not?
Question 2 - Is this law acceptable under the First Amendment?
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