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Oregon Measure 31, Limit Free Speech Protections for Obscenity Amendment (1996)

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Oregon Measure 31

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Election date

November 5, 1996

Topic
Sexual content regulations
Status

DefeatedDefeated

Type
Legislatively referred constitutional amendment
Origin

State legislature



Oregon Measure 31 was on the ballot as a legislatively referred constitutional amendment in Oregon on November 5, 1996. It was defeated.

A "yes" vote supported providing that “obscenity, including child pornography,” may receive no greater free speech protection than under United States Constitution, removing current protections for obscenity.

A "no" vote opposed providing that “obscenity, including child pornography,” may receive no greater free speech protection than under United States Constitution, removing current protections for obscenity.


Election results

Oregon Measure 31

Result Votes Percentage
Yes 630,980 47.16%

Defeated No

706,974 52.84%
Results are officially certified.
Source


Text of measure

Ballot title

The ballot title for Measure 31 was as follows:

AMENDS CONSTITUTION: OBSCENITY MAY RECEIVE NO GREATER PROTECTION THAN UNDER FEDERAL CONSTITUTION

RESULT OF "YES” VOTE: “Yes" vote limits free speech protection for “obscenity, including child pornography” to federal constitution’s level.

RESULT OF “NO” VOTE: “No” vote retains Oregon Constitution’s current right to speak freely on any subject, including obscenity.

SUMMARY: Amends Oregon Constitution. Oregon Constitution now protects the "right to speak, write, or print freely on any subject.” The Oregon Supreme Court has held that provision protects obscenity. United States Constitution's free speech provision does not currently protect obscenity. Measure would state that “obscenity, including child pornography,” may receive no greater protection than under United States Constitution. Measure thus would remove Oregon Constitution’s current protection for obscenity. Measure would limit state judges’ authority to interpret free speech provision as applied to obscenity, including child pornography.

ESTIMATE OF FINANCIAL IMPACT: No financial effect on state or local government expenditures or revenues.


Full Text

The full text of this measure is available here.


Path to the ballot

See also: Amending the Oregon Constitution

A simple majority vote is required during one legislative session for the Oregon State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 31 votes in the Oregon House of Representatives and 16 votes in the Oregon State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.

See also


External links

Footnotes