Secretary of State Seal
Oregon
Secretary of State
Kate Brown

Measure 31
Certified Ballot Title
November 5, 1996 General Election

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.

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