In State v. Ciancanelli, (Gillette, J.) the Supreme Court reaffirmed the Robertson framework as the proper structure for analyzing Article I, section 8 claims and, applying that framework, held that ORS 167.062, which criminalizes the directing, financing, presentation, etc. of live public sex shows, violates Article I, section 8. The Court categorically declined to adopt a "balancing test" approach to Article I, section 8, analysis. Justice De Muniz dissented; Justice Kistler did not participate in the decision. Then, applying its Ciancanelli analysis, in City of Nyssa v. Dufloth, (Gillette, J.), the Court concluded that the Nyssa ordinance requiring nude dancers to perform at least four feet away from their audiences was facially unconstitutional under Article I, section 8. Again, Justice De Muniz dissented and Justice Kistler did not participate. Although each opinion contains significant legal analysis that will keep us talking for months or years to come, the AP has summed up the rulings as follows: "Oregon High Court Rules Live Sex Shows Should Be Allowed."(This is a link to KGW.com; a subscription may be required).
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