Legal Opinion

State v. Ciancanelli

Oregon Supreme Court

Decided September 29, 2005No. CC 98CR2685FE; CA A108122; SC S49707PublishedCited by 68 opinions

1Opinion of the Court

*285GILLETTE, J.

In this criminal proceeding, we are asked to decide whether ORS 167.062, which makes it a crime to, among other things, “direct, manage, finance or present” a “live public show” in which the participants engage in “sexual conduct” violates the free expression rights guaranteed by Article I, section 8, of the Oregon Constitution.1 Drawing on the “Robertson framework,”2 which this court uses to address free expression issues that arise under Article I, section 8, defendant argues that the statute is unconstitutional because it is directed, by its terms, at a form of expression and…

2Cases cited23 opinions

  1. State v. RobertsonOregon Supreme Court · 1982
  2. Priest v. PearceOregon Supreme Court · 1992
  3. State v. LaundyOregon Supreme Court · 1922
  4. Smothers v. Gresham Transfer, Inc.Oregon Supreme Court · 2001
  5. Wheeler v. GreenOregon Supreme Court · 1979

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3Cited by68 opinions

  1. Farmers Ins. Co. of Oregon v. MowryOregon Supreme Court · 2011
  2. State v. IceOregon Supreme Court · 2007
  3. State v. UngerOregon Supreme Court · 2014
  4. State v. CookOregon Supreme Court · 2006
  5. State v. OwenOregon Supreme Court · 2022

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