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Indeed, the peaceful public reading and display of the entire content of The Koala to adult audiences on campus would constitute protected expression. This includes any description of the content of the magazine to passersby in the hope that they will take copies. Since the time of Thomas Paine, it has been inconsistent with basic American conceptions of liberty to punish the peaceful distribution of pamphlets or other printed matter. CSUSM may not interpret its ban on "[d]isorderly, lewd, indecent, or obscene behavior" (emphasis added) as a ban on hawking protected publications; this would be unconstitutional. There is no First Amendment exception for the distribution of "lewd" or "indecent" speech to adults on a college campus. Moreover, speech unprotected as "obscene" must meet the exacting test announced by the Supreme Court in Miller v. California, 413 U.S. 15 (1973), which outlined three questions that must be asked and answered to determine if particular material is obscene:

In a recent case at Keith Borer Consultants, a man was charged with making and distributing indecent images of children. In interview, he accepted downloading the images one night with his partner but denied knowledge of distribution of such images.

Displaying nasty content or images from a book, magazine, or website is visual harassment. If someone has downloaded pornographic material onto a computer or laptop, that also comes under such offensive behavior. 781b155fdc


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