A Proposition on the California ballot, which includes laudable provisions to protect Californians against the power of the government to condemn private property in order to promote other private projects or uses, contains a clause that seeks to write adult entertainment out of the protection.
As it is written in Proposition 90 (the “Protect Our Homes Act”), “Nothing in this section shall prohibit the use of condemnation powers to abate nuisances such as blight, obscenity, pornography, hazardous substances or environmental conditions, provided those condemnations are limited to abatement of specific conditions on specific parcels.”
Critics argue that since “pornography” is a term that includes protected speech, that clause might not pass constitutional muster if challenged.
Portions of this courtesy of the Free Speech X-Press, the weekly newsletter of the Free Speech Coalition. More info at www.freespeechcoalition.com.
