STATE v. CIANCANELLI

(CC 98CR2685FE; CA A108122; SC S49707).

121 P.3d 613 (2005)

339 Or. 282

STATE of Oregon, Respondent on Review, v. Charles Robert CIANCANELLI, Petitioner on Review.

Supreme Court of Oregon.

Decided September 29, 2005.


Attorney(s) appearing for the Case

Robin A. Jones, Senior Deputy Public Defender, Salem, argued the cause and filed the briefs for petitioner on review. With her on the briefs were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Oregon Public Defense Services.

Charles Robert Ciancanelli, petitioner on review, filed the briefs for himself.

Robert M. Atkinson, Assistant Attorney General, Salem, argued the cause and filed the briefs for respondent on review. With him on the briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Charles F. Hinkle, Portland, filed the brief for amicus curiae ACLU Foundation of Oregon, Inc., and for amici curiae Oregonian Publishing Company and other media entities. With him on the brief for Oregonian Publishing Company and other media entities was Stoel Rives LLP.

Chin See Ming, of Perkins Coie LLP, Portland, filed the brief for amici curiae ACLU Foundation of Oregon, Inc. and White Bird. With him on the brief were Julia E. Markley and Les Swanson.

Bradley J. Woodworth and Lake James H. Perriguey, of Bradley J. Woodworth & Associates, PC, Portland, filed the briefs for amicus curiae Portland Area Privacy Alliance.

Before CARSON, Chief Justice, and GILLETTE, DURHAM, RIGGS, De MUNIZ, and BALMER, Justices.


GILLETTE, J.

In this criminal proceeding, we are asked to decide whether ORS 167.062, which makes it a crime to, among other things, "direct, manage, finance or present" a "live public show" in which the participants engage in "sexual conduct" violates the free expression rights guaranteed by Article I, section 8, of the Oregon Constitution.1 Drawing...

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