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Jewish World Review Oct. 17, 2005 / 14 Tishrei,
You can now open a business in the state of Oregon that includes
live sex acts as part of your inventory. You might call it "Vinny's Deli and
Sex Act Cabaret," or "Miss Sally's Spa and Kama Sutra Emporium." That's
because the Oregon Supreme Court recently ruled 5 to 1 that telling a
business it cannot have a live sexual exposition on its premises is a
violation of freedom of expression under the Oregon Constitution.
Incredibly, the Oregon Supreme Court believes that the state or
local governments have no right to limit sexual "expression" in a public
place. The U.S. Supreme Court has ruled time and again that authorities do
have a right to regulate expression when it collides with public safety or
community standards. You can't have sex on your front lawn even though you
are "expressing" yourself on private property because that expression would
violate a societal norm.
But the Oregon Supreme Court doesn't seem to care about society.
That state now has doctor-assisted suicide (being challenged in the U.S.
Supreme Court as we speak), some of the nation's most lenient drug laws,
including almost total access to medical marijuana (have a headache, forget
aspirin, here's a brownie), and now, live sex at a saloon near you.
But don't do any cigarette smoking in that saloon. That's been
banned in Oregon, and it's also illegal to pump your own gas. Apparently,
smoking and filling up your vehicle are not expressive enough for these
The driving force behind the sex in public deal was, no
surprise, the ACLU, which filed a friend-of-the-court brief egging the
Oregon judges on. The ACLU is big on expression as long as it doesn't
involve singing Christmas carols. Yes, you do have this right: The ACLU is
bullish on public displays of sex but bearish on public displays of the baby
A person from Lithuania might think this is a humor column, that
I must be joking. I'm not. This is exactly what's going on in Oregon and
with the ACLU.
I'm not analyzing this from a moral point of view; the live sex
act thing isn't all that important in the vast scheme of things. Nevada has
legal prostitution in rural areas, and the state has not crumbled. But the
perversion of Oregon's state constitution is troubling.
Freedom of expression as defined by the Founding Fathers is a
concept subject to time, manner and place limitations. Laws against hate
speech, disturbing the peace, public lewdness and scores of other
"expressions" are enforced daily in order to impose some order in a nation
of 300 million people. The judges in Oregon understand that but don't like
it so they have decided to erase societal boundaries under the banner of
This is where the nation is headed under the secular-progressive
jihad that is being waged all over America. With apologies to Home Depot,
you can do it the ACLU can help. It has been said that freedom is just
another word for nothing left to lose. But if we lose all standards of
behavior, are we really free?
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