Tuesday, May 27, 2008
Why A Porn Tax Is Unconstitutional
Following up on Friday's post on California's proposed 25% porn tax: Eugene Volokh (UCLA) argues that such a tax would violate the First Amendment:
It seems to me the tax would likely be unconstitutional. Content-based taxes on the sale of First-Amendment-protected materials (and recall that the law targets not just unprotected and illegal obscenity, but also constitutionally protected pornography) are generally forbidden, see Arkansas Writers' Project v. Ragland (1987).
https://taxprof.typepad.com/taxprof_blog/2008/05/why-a-porn-tax.html