First Amendment challenges most often arise when governments use zoning to regulate certain types of business establishments such as those engaged in adult entertainment. This might include businesses where nude or semi-nude dancing occurs, where adult movies are shown or sold, or where sexually orientated products are sold. The rationale that city officials use is called the secondary effects doctrine. Under this doctrine, city officials do not regulate adult businesses because they engage in offensive, unpopular expression, but because the businesses cause adverse secondary effects, such as increased crime and decreased property values.
The Court further developed this doctrine in City of Renton v. Playtime Theatres, Inc. (1986), ruling that zoning ordinances that seek to regulate the secondary effects of adult entertainment, such as increased crime or decreased property values, do not violate the First Amendment. In Barnes v. Glen Theatre, Inc. (1991), the Court upheld an ordinance (not a zoning law) that required nude dancers to wear pasties or g-strings. Here the Court, relying on the logic of Young and Renton, asserted that totally nude dancing was only marginally protected by the First Amendment and therefore could be regulated. The Court continued its use of the secondary-effects doctrine in City of Los Angeles v. Alameda Books (2002). The case concerned a challenge to a ban on multiple-use adult businesses in the same building.
Sexting between adults is usually legal but there are some circumstances where sending nudes or exchanging other sexually explicit content is illegal. Read on to find out about the differences between legal and illegal sexting, and the consequences of committing a sexting crime.
Sexting is the sharing of nude or sexually explicit messages or photos, usually by smartphone or some other electronic device or means. Certain states have laws specific to sexting between minors. But between consenting adults, the private sharing of nude or suggestive photos is generally not illegal.
First, an adult who receives or shares a nude or sexual image of a child under the age of 18 can be charged with possessing or sending child pornography. Some states have enacted defenses against child pornography charges for teens (sometimes including kids up to 19 years old) who engage in sexting, but such defenses don't apply to older adults. For example, one young man was charged with possessing child pornography because he had nude photos on his phone of his 16-year-old live-in girlfriend, who was also the mother of his child.
Second, an adult who sends a nude or sexual photo of him or herself to a child could also be convicted of a crime. In many states, it's illegal to share with children anything obscene or sexual in nature. For example, a school teacher who sends a photo of their genitals to a student could be convicted of disseminating obscenity. (See Pruitt v. State, 272 So.3d 732 (Ala. Ct. App. 2018).
Finally, an adult who shares nude or sexual photos of another adult without their permission, or who sends unwanted sexts to someone could be charged with harassment. Or, they could be sued in civil court for causing emotional distress or other damage. One common scenario is revenge porn, for example, when an ex-boyfriend distributes private nude photos in an effort to get back at his ex-girlfriend.
Used with standard age-based ratings issued per the Motion Picture Association film rating system and the TV Parental Guidelines, the system incorporates ten \"content descriptors\" (up to six of which can be used for an individual program) providing detailed information about the types of objectionable content contained in a motion picture or television program being aired on a particular service, including categories covering sexual content; different levels of violence, profanity and nudity; and a general-purpose category covering crude and mature humor, innuendo and/or the use of alcoholic beverages, tobacco products or drugs.
Like the TV Parental Guidelines, content ratings are determined by the individually participating pay television services. Ratings are applied to most original and acquired television series, theatrically released and made-for-cable films, documentaries and specials rated PG/TV-PG and above; they may also be applied to certain sporting events on general-entertainment-formatted pay services, primarily to account for fleeting expletives or other mild objectionable material that could occur during the broadcast. The ratings themselves have no legal force, and are not used during promotional advertisements. While bearing similarities to the content sub-ratings added to the TV Parental Guidelines in July 1997, the advisories in this system are relatively more succinct in ascribing the mature material incorporated into a program.
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The Figure Revealed: Contemporary American FigurativePaintings and Drawings looks at a selection ofimportant artists whose work depicts the human figure. While demonstratinga variety of different artistic aims, these artists draw from the humanexperience by using traditional methods and materials of execution. Theexhibition includes artists who reached their mature styles after 1950,as well as mid-career and younger artists who continue to find new sourcesof innovation and inspiration in the figure.
Some general distinctions can be made in the stylisticallydiverse nature of works in this exhibition. Like Philip Pearlstein, JackBeal adapted the lessons of abstractionism in his realist paintings to createstructured compositions, often within a clearly defined shallow space. WhilePearlstein's figure-groupings function as still lifes, Beal invests hisfigures and the objects around them with an emotional energy. Janet Fishincorporates the figure into the vibrantly colored still lifes for whichshe is best known, and which play on abstract qualities of movement andlight. Martha Mayer Erlebacher is interested in the narrative and allegoricalpotential of the huma