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Regulation of sexually explicit commercial telephone conversations ["dial-a-porn"]
Title
Regulation of sexually explicit commercial telephone conversations ["dial-a-porn"]: A legal analysis
Date
1986
Summary
This report discusses the present state of the law with regard to sexually explicit commercial telephone conversations, popularly known as "dial-a-porn."
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in accordance with 47 U.S.C. § 223(b)(2) stated that it was a defense to prosecution under § 223(b) that the defendant had taken either of the following steps to restrict access to the prohibited conversations: (a) operating only between the hours of 9:00 p.m- and 8:00 a.m. Eastern Time, or (b) requiring payment by credit card before 45 802 F.2d at 695 n. 8, 696. 45 £1. at 696.
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that there are other requirements which must be met before these laws will be upheld. For example, there is an additional requirement, now set forth as the second element of the Miller standard, that the proscribed material be "specifically I 35 £3: at 636, citing Bookcase, Inc. v. Broderick, 18 N.Y.2d 71, 75, 218. N.E.2d 668, 671 (1966), appeal dismissed for want o£_a_properly presented federal question sub
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to such matter can be restricted, the question becomes to what extent, if at all, adult accessa. can also be limited if this is necessary to protect minors in this fashion- 23 423 u.s. 49 (1973). 24 "Telephone Pornography," su ra n. 15/ at 518. 25 United States v. Reidel, 402 U.S. 351 (1971). 25 United States v.Thirty-Seven Photographs, 402 U.S. 363 (1971). 27 The 1983 amendment's legislative
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ABSTRACT About half the states have recently modified or eliminated their laws on joint and several liability. In these states, if two or more defendants con- ; . tribute to a tort, then, at least in some circumstances, each is liable onlyp in proportion to his share of responsibility, instead of 100 percent liable.
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CRS-3 Illinois. 1986 Laws, Public Act 84-1431, amended Ill. Stat. Ann., Ch. 110, § 2-1117, to retain joint and several liability for medical expenses, but, with respect to all other damages, to eliminate it for defendants who are less than 25% responsible. Notwithstanding this provision, § 2-1118 retains joint and several liability in pollution cases except with respect to any defendant who
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their responsibility is 50% or greater. New Mexico. The New Mexico Court of Appeals, in Bartlett v. New Mexico’ Welding Supply, Inc., 98 N.M. 152, 646 P.2d 579 (1982), abolished joint and several liability in comparative negligence cases. New York. 1986 Laws, Ch. 682 (adding Civil Practice Law and Rules, Art. 16). _.______. / eliminated joint and several liability for noneconomic damages but not with respect
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§§ 1431 et sag. to eliminate; I joint and several liability for noneconomic damages. (Noneconomic damages iii include, among other things, pain and suffering and punitive damages; economic _ damages include, among other things, medical expenses and lost earnings.)jih Colorado. 1986 Laws, Ch. 108, created Colo. Rev. Stat. § 13-21-111.5 to eliminate joint and several liability.
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CRS-6 Texas. Section 1 of Acts 1985, 69th Leg., Ch. 959, repealed Tex. Rev. Civ. Stat. Ann. Art. 2212a, which provided for joint and several liability except where the defendant's negligence was less than the plaintiff's. Utah. 1986 Laws, Senate Bill No. 64, amended Utah Code Ann. § 78-27-40 to eliminate joint and several liability. Vermont. Vt. Stat. Ann. Tit. 12, § 1036, abolished
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CRS872Epage03
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of both funds, in light of continuing financial volatility affecting them. FINANCING CAPABILITES The fundamental aspects of the status of the deposit insurance funds ap- pear in charts 1 and 2 (p. 2 and 3). They show that the FDIC and FSLIC have continuing authority to borrowfrom the U.S. Treasury in the form of direct Government loans (12 U.S.C. 1824, 12 U.S.C. l725(i)). when legislated in 1950
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. Washington, U.S. Govt. Print. Off., 1986. Part 1, 827 p.; Part 2, 1628 p.;. Part 3, 823 p.; U.S. Congress. Senate- Conmittee on Banking, Housing and Urban Affairs. Comprehensive Reform in the Financial Services Industry. Washington, U.S. Govt. Print. Off., 1985. Part I, 992 p.; Part II, 1341 p.; Part III, 38 p.; and, Deposit Insurance Reform and Related Supervisory Issues. Washington, U.S. Govt. Print. Off
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from troubled f}__/ In rescuing the Continental Illinois National Bank and Trust Company of Chicago, the FDIC assumed such indebtedness to the Federal Reserve amounting to $3.2 billion as of year-end 1985, according to U.S.Federa1 Deposit Insurance Corporation. Annual Report 1985. Washington, 1986. p. 47. The FDIC had assumed a note payable by the Franklin National Bank to the Federal Reserve of $1.7
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CRS-5 institutions tend to be longer-term and/or low-quality loans that are liquidated over time with somewhat greater loss to the FDIC and FSLIC. In- deed, in 1986 the FSLIC formed a separate subsidiary -- the Federal Asset Dis- position Association -- to work out assets of failed institutions to minimize such losses (as implicitly authorized by 12 U.S.C. 17'29(b)(1)(A)(iv))- DEPOSIT
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since it lacked the "nara ocrowly drawn, reasonable and definite standards for the officials to follow" required by Niemotko v. Maryland, 340 U.S. 268, 271 (1951). Finally, in Butler v. Michigan, 352 U.S. 380 (1957), the Supreme Court invalidated a Michigan statute which made it unlawful "to make available for the general reading public . . . a book . . . found to have a potentially
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.L.C;\ ‘-K .\§?/31‘ Rpl-.~#'-”?7"'2~6- Congressional Research Service . Gover The Library of Congress "m°'gm:ubI:ca¢,Qns AUG 76 1994 w h’ ,o.c.s 2 5 wafihi t Cilssmkgzgort foro ggngrsess No. 87-2152 ng 0" U"’V9f8:t Louis, Mo gmggraries FEDERAL DEPOSIT INSURANCE FUNDS: AN OVERVIEW OF FDIC AND FSLIC FINANCES In the late 1980s bad_ agriculture, energy, and real

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