Archived posting to the Leica Users Group, 1999/09/24

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Subject: Re: [Leica] Re: Photo Vultures (didtoday,getalife) [no Leica]
From: Eric Welch <ewelch@ponyexpress.net>
Date: Fri, 24 Sep 1999 12:45:31 -0500

At 12:14 PM 9/22/99 -0700, Bryan Caldwell wrote:
>There are certain subjects which do not have any First Amendment protection
>and may be subject to prior restraint. There are other areas where prior
>restraint on publication has been upheld by the courts and areas where
>constitutional scholars suspect that it might be upheld.
>
>Usually found unconstitutional? Yes. Per se unconstitutional? No.

Richard Nixon, to his chagrin, found it impossible to apply. He lost. No 
prior restraint for him. Though prior restraint can be assumed in the case 
of child porn, because the first amendment is not absolute, for the average 
everyday photographer working on the street, prior restraint is 
unconstitutional.

Eric Welch
St. Joseph, MO

http://www.ponyexpress.net/~ewelch

It's about time we started to take photography seriously and treat it as a 
hobby. - Eliott Erwitt