September 13, 2004

            LANSING – The U.S. District Court for the Eastern District of Michigan sided with Michigan Attorney General Mike Cox today, ruling that the state law barring pornographic material to minors is constitutional.

            "As Michigan’s Chief Law Enforcement Officer, it is my obligation to fight for our state and its laws in court," said Cox.  "But I am doubly proud to have my office represent our state when it comes to matters of protecting our children. I will not allow pornographic material to be spread to our minors, and I'm pleased that the court agrees."

            In the case Athenaco, Ltd. v. Mike Cox, plaintiffs argued that a Michigan law signed into effect on November 3, 2003 was vague and overbroad. The law, 2003 Mich. Public Act 192, imposes criminal liability on those who knowingly disseminate or distribute sexually explicit material that is harmful to minors. Plaintiffs asserted that complying with the law was an infringement upon the First Amendment rights of others to browse among their merchandise, and that the costs of physically complying with the law were untenable, as it could result in the plaintiffs being mischaracterized as "adult bookstores."

            The U.S. District Court found that the act is not overbroad, and does not violate the First Amendment. "The court finds that the Act is not overbroad because the challenged provisions all refer to materials that are harmful to minors as defined in [the law]…Further, the Act does not prevent Plaintiffs from selling or showing non-obscene sexually explicit materials for adults to view, but rather only restricts the manner in which the materials may be displayed," wrote Judge Anna Diggs Taylor in her ruling.

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For further information contact: Randall Thompson
517-373-8060 (Office)
State of Michigan, Department of Attorney General