The 2011 New Jersey Lawmakers' Attempt to Restrict Adult Magazines
In January 2011, several state legislators from New Jersey introduced Assembly Bill No. A4386, which aimed to regulate the sale of "sexually explicit" materials. The sponsors of this measure were Reps. Linda B. Greenstein, Troy Singleton, and Patrick J. Diegnan Jr., all Democrats representing Middlesex County's 14th, Burlington County's 7th, and Morris County's 9th districts, respectively. This bill would have prevented anyone under the age of eighteen from purchasing or viewing adult magazines within a certain distance from schools or churches. According to Rep. Greenstein, the primary purpose was to protect children from exposure to pornography and obscene material that could harm their physical, psychological, and social development. However, it also sought to safeguard religious institutions and communities against disturbances caused by such content.
The law would have prohibited the display or distribution of any publication classified as "harmful to minors," defined as a book, magazine, newspaper, picture, drawing, sculpture, motion picture film, sound recording, compact disc, video game, computer program, or other visual depiction that describes, portrays, or represents sexual conduct, sexual excitement, or nudity in an offensive way for purposes of sexually stimulating the viewer/reader. It would have been illegal to sell these items at establishments within 1,0000 feet of schools or places of worship without a license issued by local authorities. These businesses would have had to pay a yearly fee of $250 for each permit granted and ensure they kept records documenting the sale of each item listed above. The violation would have resulted in fines up to $1,0000 per day and three years imprisonment or both for the first offense, with subsequent convictions resulting in increased penalties.
Following this announcement, several media outlets reported on the matter, including the Associated Press (AP), which published news articles on January 13th and February 27th detailing its progress through the legislative process. On March 9th, AP again covered the topic as it was being discussed during a public hearing before a Senate committee, where speakers debated whether this bill would indeed protect children from pornography or infringe upon First Amendment rights. Representatives from the ACLU, EFF, and the National Coalition Against Censorship all opposed it, arguing that it failed to distinguish between harmful material and adult content protected under free speech laws. They argued that such regulations were unconstitutional and could lead to censorship or self-censorship among those fearful of criminal prosecution. Additionally, some argued that enforcing this law would be difficult due to existing legal precedents regarding obscenity standards. Flynt Enterprises CEO Jim Flynt also testified against this measure because he claimed it targeted his company unfairly while ignoring other publications containing explicit material like Playboy and Penthouse. He pointed out that many schools and churches sell these magazines without restriction, so the proposed law didn't make sense to him.
Despite opposition from various groups, the New Jersey Assembly passed this bill by a vote of 46-28 on June 17th, but Governor Chris Christie vetoed it later that month. In his veto message, he stated that "the State already has adequate tools available" to protect minors from harmful materials and that this law would have been challenged in court for constitutionality issues. This decision effectively ended A4386's path through legislative procedures.
Overall, the attempt by New Jersey lawmakers to restrict adult magazines near schools and religious institutions was an ambitious attempt at controlling access to pornography. It raised questions about First Amendment rights and led to debates over how best to balance child protection with freedom of expression. However, as Governor Christie stated in his veto letter, existing statutes provide sufficient means of preventing children from accessing harmful content while respecting free speech protections.