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Social Control, Law, Crime, and Deviance Commons

Open Access. Powered by Scholars. Published by Universities.®

Law Enforcement and Corrections

2013

First Amendment

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Full-Text Articles in Social Control, Law, Crime, and Deviance

Demystifying “Pornography”: Tailoring Special Release Conditions Concerning Pornography And Sexually Oriented Expression, Laura A. Napoli Apr 2013

Demystifying “Pornography”: Tailoring Special Release Conditions Concerning Pornography And Sexually Oriented Expression, Laura A. Napoli

The University of New Hampshire Law Review

[Excerpt] “This article examines the design of special release conditions and the problems that arise when such conditions do not comport with constitutional standards. Part I provides a general overview of the First Amendment issues that often arise with respect to special release conditions. Part II discusses the current state of the law and classifies the types of bans defendants have encountered in supervised release conditions. Part III explains the factors that are frequently considered in assessing the validity of special release conditions, and Part IV suggests a new approach for evaluating the constitutionality of special release conditions. The article …