PHIL 102 Lecture Notes - Lecture 22: Due Process

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People vs Johnson
Anyone who offers to have sex for money is just as guilty as someone who has sex for money
Jonson argues this law violates Johnsons rights
oDue process under the 14th amendment (statute is vague)
o1st amendment rights (speech and association)
oRoth to privacy 3rd 4th 5th 9th
Makes women who have sex in return for gifts a prostitute
oSo what, what’s the difference between $50 and a gift
oArgument unsound because statue states sex must be solicited from money
Free speech and freedom of association
oPermits her to speak to the detective the way she did
Court argues free speech is not absolute
Obrien test
oWhen speech and nonpeak result is an action you can restrain
action combine and in governments interest it is not prohibited
oIf act is such that it could harm the state is justified in
oContracting to do something illegally you are actin it’s not
simply speech it’s a conduct
oTook place in a public place nothing problematic
If she did it in her home wouldn’t count?
Privacy not limited to private place
Tap phone booth you need weren’t
Expectation conventions transfer of information needs to be considered
Stability family life health and welfare etc.…
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