Demystifying 'Pornography': Tailoring Special Release Conditions Concerning Pornography and Sexually Oriented Expression
11 University of New Hampshire Law Review 69, 2013
29 Pages Posted: 2 Jun 2014
Date Written: April 1, 2013
This article illustrates how current attempts to define and analyze overly broad special release conditions relating to pornography and sexually oriented expression create problems for courts and probationers alike. Instead of focusing on narrowing an overly broad prohibition via a legal definition, courts should individualize special release conditions so that they are more closely tied to a given probationer’s behavior and problems. In this way, courts can better align these special release conditions with the goals of preventing recidivism and protecting the public and can thus reduce or avoid constitutional challenges of vagueness and overbreadth.
Keywords: Special release conditions, First Amendment, Vagueness, Overbreadth
JEL Classification: K19
Suggested Citation: Suggested Citation