Oregon Ballot Measure 13, Obscenity and Sexual Conduct (1974)

Oregon Ballot Measure 13, pertaining to Obscenity and Sexual Conduct, was on the November 5, 1974 ballot in Oregon as a veto referendum, where it was approved.

Measure 13 sought voter approval to place a ban on obscene books and movies, ban live sex shows in public places or clubs, and expanded the definition of prostitution to include sexual contact in exchange for a fee. Supporters said the law up for referendum was aimed at the rapidly increasing number of adult bookstores and movies dealing in hardcore pornography. However, the measure did not adequately define "obscenity," leaving the question among the measure's opponents as to whether it might be used to censor other literature. Opponents also argued existing laws were sufficient, and that booksellers could be prosecuted for showing and selling obscene material without knowing in advanced what constituted obscenity.

Text of measure

The language that appeared on the ballot:

PROPOSED BY REFERENDUM PETITION

OBSCENITY AND SEXUAL CONDUCT BILL--Purpose: This measure makes it a crime to distribute or exhibit "obscene" materials to adults or to conduct live sex shows in public places or to conduct live sex shows in public places or clubs. Defines "obscene." Also redefines the crime of prostitution to not only prohibit engaging in sexual intercourse for a fee, but also any physical touching for the purpose of arousing or gratifying sexual desire, and to prohibit paying for either.

References

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