A federal appeals court in Indiana overturned a ban on adult pornography on probation, ruling the pornography was protected under the First Amendment.

Florida probation has a similar ban.

The Indiana court ruled “Adult pornography did not facilitate or lead to Taylor’s offense here, and there is no evidence or finding that viewing otherwise legal pornography would increase the likelihood he would recidivate,” the opinion said. The judges noted that “adult pornography, unlike child pornography, enjoys First Amendment protections, and so we must be especially cautious when considering a ban on possessing adult pornography.”

FAC’s plate is full with legal challenges to the residency restrictions (active), proximity ordinances (active), internet identifiers (pending) and vehicle registration (next up). However if a member would like to initiate an independent challenge, we would be happy to refer an attorney.

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