Monthly Archives: September 2005

Oregon Strippers May Now Express "Opinions" with SEX!

In a decision that defies sense, common and otherwise, the Oregon Supreme Court here has ruled that sex acts between sex workers in strip clubs are protected forms of opinion speech. To discover how abjectly absurd that logic is read some of the money quotes from the dissenting opinion (I know, one guy out of five with one recusal ain’t that confidence building but…). You’ll understand a lot more about the case and the majority opinion when you read its deconstruction by the minority report writer:

Finally, and perhaps most importantly, the idea that the Victorian-era drafters and ratifiers of the Oregon Constitution sought to bring public masturbation and sexual intercourse within the purview of constitutional free-speech protection is difficult to comprehend. In my view, the Court of Appeals’ majority opinion in this case amply demonstrated that, at the time the Oregon Constitution was adopted, pornography, nudity, lewd behavior, and “bawdy-houses” were accepted targets of regulation that enjoyed no constitutional protection based on expressive content. State v. Ciancanelli, 181 Or App 1, 9-21, 45 P3d 451 (2002).

Most importantly, it is unnecessary to embark, as the majority does, on a search for the historical truth underlying the framers’ intent, or invoke the free-speech framework announced in Robertson. Article I, section 8 addres

ses speech, whereas ORS 167.062 addresses conduct, which is a well-accepted dichotomy in constitutional free-speech law. See United States v. O’Brien, 391 US 367, 88 S Ct 1673, 20 L Ed 2d 672 (1968) (draft-card burning not protected speech but subject to regulation as conduct). ORS 167.062 does not on its face, violate Article I, section 8 because the statute is directed at conduct, not at the substance of any opinion or any subject of communication or expression.

And here it is the money quote:

It should be beyond dispute that public acts of masturbation and sexual intercourse for profit are not intrinsically expressive or communicative acts. See Arcara v. Cloud Books, Inc., 478 US 697, 705, 106 S Ct 3172, 92 L Ed 2d 568 (1986) (upholding closure of adult bookstore where patrons were engaged in masturbation, oral sex, and prostitution, court observed that “the sexual activity carried on in this case manifests absolutely no element of protected expression”). Unfortunately, the majority accepts defendant’s argument that the statute restrains expression protected by Article I, section 8, because it prohibits sexual conduct in a public show. In essence, according to the majority, masturbation and sexual intercourse before an audience are forms of protected expression. In my view, the question is not resolved so simply. I cannot accept the majority’s premise that an apparently limitless variety of conduct can be labeled speech simply because it occurs beneath a proscenium arch or is performed before an audience.

Tell ’em where you saw it. Http://www.victoriataft.com

Oregon Strippers May Now Express "Opinions" with SEX!

In a decision that defies sense, common and otherwise, the Oregon Supreme Court here has ruled that sex acts between sex workers in strip clubs are protected forms of opinion speech. To discover how abjectly absurd that logic is read some of the money quotes from the dissenting opinion (I know, one guy out of five with one recusal ain’t that confidence building but…). You’ll understand a lot more about the case and the majority opinion when you read its deconstruction by the minority report writer:

Finally, and perhaps most importantly, the idea that the Victorian-era drafters and ratifiers of the Oregon Constitution sought to bring public masturbation and sexual intercourse within the purview of constitutional free-speech protection is difficult to comprehend. In my view, the Court of Appeals’ majority opinion in this case amply demonstrated that, at the time the Oregon Constitution was adopted, pornography, nudity, lewd behavior, and “bawdy-houses” were accepted targets of regulation that enjoyed no constitutional protection based on expressive content. State v. Ciancanelli, 181 Or App 1, 9-21, 45 P3d 451 (2002).

Most importantly, it is unnecessary to embark, as the majority does, on a search for the historical truth underlying the framers’ intent, or invoke the free-speech framework announced in Robertson. Article I, section 8 addresses speech, whereas ORS 167.062 addresses conduct, which is a well-accepted dichotomy in constitutional free-speech law. See United States v. O’Brien, 391 US 367, 88 S Ct 1673, 20 L Ed 2d 672 (1968) (draft-card burning not protected speech but subject to regulation as conduct). ORS 167.062 does not on its face, violate Article I, section 8 because the statute is directed at conduct, not at the substance of any opinion or any subject of communication or expression.

And here it is the money quote:

It should be beyond dispute that public acts of masturbation and sexual intercourse for profit are not intrinsically expressive or communicative acts. See Arcara v. Cloud Books, Inc., 478 US 697, 705, 106 S Ct 3172, 92 L Ed 2d 568 (1986) (upholding closure of adult bookstore where patrons were engaged in masturbation, oral sex, and prostitution, court observed that “the sexual activity carried on in this case manifests absolutely no element of protected expression”). Unfortunately, the majority accepts defendant’s argument that the statute restrains expression protected by Article I, section 8, because it prohibits sexual conduct in a public show. In essence, according to the majority, masturbation and sexual intercourse before an audience are forms of protected expression. In my view, the question is not resolved so simply. I cannot accept the majority’s premise that an apparently limitless variety of conduct can be labeled speech simply because it occurs beneath a proscenium arch or is performed before an audience.

Tell ’em where you saw it. Http://www.victoriataft.com

Martha Burk Strikes Again…and has NO ammo!

Martha Burk is right on one thing: the NHL spot is selling the sport, which is to say it’s selling violence. But sex appeal? C’mon. This tame ad has nothing on Paris Hilton’s soft core porn burger commercial. Ladies, if you want to make a point, choose a better target. Now YOU read the story and click on the link that will take you to the NHL website and the commercial and tell me if ol’ Martha’s done stepped in it again!

Updated: Sep. 23, 2005, 12:38 PM ET

Burk plans to protest new NHL ad campaign
ESPN.com news services

The NHL’s new advertising campaign is getting attention, but not the kind it was likely hoping for.
According to a report from The Canadian Press, Martha Burk, the chair of the National Council of Women’s Organizations, said she intends to write letters of protest to the NHL and NBC over the NHL’s new ad campaign, which is set to begin next week.

The first spot, titled “It’s Time,” shows a player (an actor, not an NHL player) in a locker room, surrounded by candles and accompanied by a woman who ceremoniously helps him don his hockey garb. The ads feature quotes from Sun Tzu’s “The Art of War” along with dramatic camera work and music reminiscent of the film “Braveheart.”

Burk told The Canadian Press that the ad is “offensive on many levels.”
“The woman is dressed provocatively and when she asks the player if he’s ready, it’s a double-entendre in my view,” Burk told The CP. “She’s in the ad as a groomer, a sex object.
“The commercial is clearly selling sex and violence and the last image in that commercial is a young boy watching this, so he’s clearly the customer they’re after, or it’s a misguided attempt to draw in families.”

NHL spokeswoman Bernadette Mansur told The Canadian Press that was not the case.
“This ad shows no disrespect for women,” Mansur told The CP. “On the contrary, the woman is the spiritual and physical trainer for the ‘Warrior’ and is his mentor.”

Here’s the link. Watch it and give me a call on my show 503 225 0860, 877 774 KPAM
http://www.nhl.com/

Tell ’em where you saw it. Http://www.victoriataft.com

Martha Burk Strikes Again…and has NO ammo!

Martha Burk is right on one thing: the NHL spot is selling the sport, which is to say it’s selling violence. But sex appeal? C’mon. This tame ad has nothing on Paris Hilton’s soft core porn burger commercial. Ladies, if you want to make a point, choose a better target. Now YOU read the story and click on the link that will take you to the NHL website and the commercial and tell me if ol’ Martha’s done stepped in it again!

Updated: Sep. 23, 2005, 12:38 PM ET

Burk plans to protest new NHL ad campaign
ESPN.com news services

The NHL’s new advertising campaign is getting attention, but not the kind it was likely hoping for.
According to a report from The Canadian Press, Martha Burk, the chair of the National Council of Women’s Organizations, said she intends to write letters of protest to the NHL and NBC over the NHL’s new ad campaign, which is set to begin next week.

The first spot, titled “It’s Time,” shows a player (an actor, not an NHL player) in a locker room, surrounded by candles and accompanied by a woman who ceremoniously helps him don his hockey garb. The ads feature quotes from Sun Tzu’s “The Art of War” along with dramatic camera work and music reminiscent of the film “Braveheart.”

Burk told The Canadian Press that the ad is “offensive on many levels.”
“The woman is dressed provocatively and when she asks the player if he’s ready, it’s a double-entendre in my view,” Burk told The CP. “She’s in the ad as a groomer, a sex object.
“The commercial is clearly selling sex and violence and the last image in that commercial is a young boy watching this, so he’s clearly the customer they’re after, or it’s a misguided attempt to draw in families.”

NHL spokeswoman Bernadette Mansur told The Canadian Press that was not the case.
“This ad shows no disrespect for women,” Mansur told The CP. “On the contrary, the woman is the spiritual and physical trainer for the ‘Warrior’ and is his mentor.”

Here’s the link. Watch it and give me a call on my show 503 225 0860, 877 774 KPAM
http://www.nhl.com/

Tell ’em where you saw it. Http://www.victoriataft.com

Some of your thoughts on government control of Gas prices…

Victoria,

I think government should be able to control the price of gas to the extent that it prevents obvious price gouging. For instance, the government could create a formula to determine gas prices per supply and demand in any given situation like a big hurricane and put a price increase cap in a percentage format depending on what is happening in the industry. This formula would be flexible to the circumstance yet realistic to the extent that things like panic and other irrational sources of price gouging will not hold power to affect the price of gas. This gives the government limited power yet allows for the necessary market corrections for something like a Hurricane.

Example: (not likely accurate but shows the point I’m making)
Hurricane lowers oil production by 10%
Government caps gas price increase to an additional 10%

-Mike Vancouver, WA

Victoria, your caller is trying to distinquish between gross margin, and net margin. Gross margin is before expenses (payroll, electricity, etc.).

I also run a couple gas stations, and what I’ve heard so far tonight about gas stations is about right, although the margins are higher in Eugene, but the volume is lower….

Thanks,
Casey

Like to see the Public Utilities Commission, here in Oregon
eliminated?
That’s exactly what they do; decide what amount of profit is reasonable.
Well? Is this organization some worthless piece of trash?
Yes, it is, the board members are totally submerged into the pockets of the
wolves who feed upon the sheep they are suppose to protect.
So maybe your right, any government agency that “had our back” for gasoline
prices would just end up dipping their wicks into our tanks.
B.

Tell ’em where you saw it. Http://www.victoriataft.com

At least with the Free Market you have a choice!

Victoria,

If the price of gas becomes $4-5 a gallon after this hurricane, I have already made arangements to spend 3-4 nights here at work without driving home during that period of time. If that is what I need to do to save money, then thats what I’ll do. Im not going to allow my gas tank to bankrupt me.

Dan

Tell ’em where you saw it. Http://www.victoriataft.com

Some of your thoughts on government control of Gas prices…

Victoria,

I think government should be able to control the price of gas to the extent that it prevents obvious price gouging. For instance, the government could create a formula to determine gas prices per supply and demand in any given situation like a big hurricane and put a price increase cap in a percentage format depending on what is happening in the industry. This formula would be flexible to the circumstance yet realistic to the extent that things like panic and other irrational sources of price gouging will not hold power to affect the price of gas. This gives the government limited power yet allows for the necessary market corrections for something like a Hurricane.

Example: (not likely accurate but shows the point I’m making)
Hurricane lowers oil production by 10%
Government caps gas price increase to an additional 10%

-Mike Vancouver, WA

Victoria, your caller is trying to distinquish between gross margin, and net margin. Gross margin is before expenses (payroll, electricity, etc.).

I also run a couple gas stations, and what I’ve heard so far tonight about gas stations is about right, although the margins are higher in Eugene, but the volume is lower….

Thanks,
Casey

Like to see the Public Utilities Commission, here in Oregon
eliminated?
That’s exactly what they do; decide what amount of profit is reasonable.
Well? Is this organization some worthless piece of trash?
Yes, it is, the board members are totally submerged into the pockets of the
wolves who feed upon the sheep they are suppose to protect.
So maybe your right, any government agency that “had our back” for gasoline
prices would just end up dipping their wicks into our tanks.
B.

Tell ’em where you saw it. Http://www.victoriataft.com

At least with the Free Market you have a choice!

Victoria,

If the price of gas becomes $4-5 a gallon after this hurricane, I have already made arangements to spend 3-4 nights here at work without driving home during that period of time. If that is what I need to do to save money, then thats what I’ll do. Im not going to allow my gas tank to bankrupt me.

Dan

Tell ’em where you saw it. Http://www.victoriataft.com

Here’s where you can email Bette Midler!

Victoria, here is her[Bette Midler’s] booking website, where one may send “messages of encouragement” to her.http://www.delafont.com/music_acts/bette-midler.htmPersonally, I’m burning the one album, two tapes and a CD of hers in my collection.Just how bright is it to tell one half the country to go “F” themselves, anyway. Guess she *is* a natural blonde!Oh, and I’m sending her travel directions to where I think she and her limousine liberal crowd should go, post haste!Later,Paul in Battle Ground

Tell ’em where you saw it. Http://www.victoriataft.com

National Enquirer on President Bush ‘falling off the wagon.’ GW drunk is more lucid than Harry Reid sober.

BUSH’S BOOZE CRISIS

By JENNIFER LUCE and DON GENTILE Faced with the biggest crisis of his political life, President Bush has hit the bottle again, The National Enquirer can reveal.
Bush, who said he quit drinking the morning after his 40th birthday, has started boozing amid the Katrina catastrophe.

Family sources have told how the 59-year-old president was caught by First Lady Laura downing a shot of booze at their family ranch in Crawford, Texas, when he learned of the hurricane disaster.

His worried wife yelled at him: “Stop, George.”

Following the shocking incident, disclosed here for the first time, Laura privately warned her husband against “falling off the wagon” and vowed to travel with him more often so that she can keep an eye on Dubya, the sources add.

” When the levees broke in New Orleans, it apparently made him reach for a shot,” said one insider. ” He poured himself a Texas-sized shot of straight whiskey and tossed it back. The First Lady was shocked and shouted: “Stop George!”

“Laura gave him an ultimatum before, ‘It’s Jim Beam or me.’ She doesn’t want to replay that nightmare — especially now when it’s such tough going for her husband.”

Bush is under the worst pressure of his two terms in office and his popularity is near an all-time low. The handling of the Katrina crisis and troop losses in Iraq have fueled public discontent and pushed Bush back to drink.

A Washington source said: “The sad fact is that he has been sneaking drinks for weeks now. Laura may have only just caught him — but the word is his drinking has been going on for a while in the capital. He’s been in a pressure cooker for months.”

The war in Iraq, the loss of American lives, has deeply affected him. He takes every soldier’s life personally. It has left him emotionally drained. The result is he’s taking drinks here and there, likely in private, to cope. “

And now with the worst domestic crisis in his administration over Katrina, you pray his drinking doesn’t go out of control.”

Another source said: “I’m only surprised to hear that he hadn’t taken a shot sooner. Before Katrina, he was at his wit’s end. I’ve known him for years. He’s been a good ol’ Texas boy forever. George had a drinking problem for years that most professionals would say needed therapy. He doesn’t believe in it [therapy], he never got it. He drank his way through his youth, through college and well into his thirties. Everyone’s drinking around him.”

Another source said: “A family member told me they fear George is ‘falling apart.’ The First Lady has been assigned the job of gatekeeper.” Bush’s history of drinking dates back to his youth. Speaking of his time as a young man in the National Guard, he has said: “One thing I remember, and I’m most proud of, is my drinking and partying. Those were the days my friends. Those were the good old days!”

Age 26 in 1972, he reportedly rounded off a night’s boozing with his 16-year-old brother Marvin by challenging his father to a fight.

On November 1, 2000, on the eve of his first presidential election, Bush acknowledged that in 1976 he was arrested for driving under the influence of alcohol near his parents’ home in Maine. Age 30 at the time, Bush pleaded guilty and paid a $150 fine. His driving privileges were temporarily suspended in Maine.

“I’m not proud of that,” he said. “I made some mistakes. I occasionally drank too much, and I did that night. I learned my lesson.” In another interview around that time, he said: “Well, I don’t think I had an addiction. You know it’s hard for me to say. I’ve had friends who were, you know, very addicted… and they required hitting bottom (to start) going to AA. I don’t think that was my case.

“During his 2000 presidential campaign, there were also persistent questions about past cocaine use. Eventually Bush denied using cocaine after 1992, then quickly extended the cocaine-free period back to 1974, when he was 28.

Dr. Justin Frank, a Washington D.C. psychiatrist and author of Bush On The Couch: Inside The Mind Of The President, told The National Enquirer: “I do think that Bush is drinking again. Alcoholics who are not in any program, like the President, have a hard time when stress gets to be great.

“I think it’s a concern that Bush disappears during times of stress. He spends so much time on his ranch. It’s very frightening.”

Published on: 09/21/2005
See the National Enquirer Wireless in action and be the first to get breaking news, features, and celebrity scoops.

Tell ’em where you saw it. Http://www.victoriataft.com

Here’s where you can email Bette Midler!

Victoria, here is her[Bette Midler’s] booking website, where one may send “messages of encouragement” to her.http://www.delafont.com/music_acts/bette-midler.htmPersonally, I’m burning the one album, two tapes and a CD of hers in my collection.Just how bright is it to tell one half the country to go “F” themselves, anyway. Guess she *is* a natural blonde!Oh, and I’m sending her travel directions to where I think she and her limousine liberal crowd should go, post haste!Later,Paul in Battle Ground

Tell ’em where you saw it. Http://www.victoriataft.com