Two Oregon laws that prohibit making sexually explicit literature available to minors violate the Constitution because they are too broad and infringe on free-speech rights, a federal appeals court ruled Monday.

A lawsuit brought by Powell’s Books, other booksellers, librarians, publishers and sex-education professionals contested the 2007 legislation and warned that what might have been “a well-intended effort to target sexual predators” puts parents, publishers, educators, health counselors and others at risk of jail or fines.

Powell’s, a Portland-based bookseller, and the other plaintiffs asked a federal district judge in the city to declare the laws unconstitutional, but the judge dismissed their petition in 2008.

The two laws were intended to prevent predators from providing sexually arousing material to potential victims.

The first law, intended to shield children under 13 from all sexually explicit content, “reached a substantial amount of material that does not appeal to the prurient interest of a child under 13, but merely appeals to regular sexual interest,” a three-judge panel of the U.S. 9th Circuit Court of Appeals said in reversing the district court.

The second law, restricting sexual references available to those under 18, “criminalizes fiction no more tawdry than a romance novel,” the judges added.

States may restrict minors’ access to materials found to be harmful to them, the panel said. “However, speech that is neither obscene as to youths nor subject to some other legitimate proscription cannot be suppressed solely to protect the young from ideas or images that a legislative body thinks unsuitable for them.”

Powell’s Books, the Assn. of American Publishers, Planned Parenthood Columbia/Willamette, Cascade AIDS Project and the American Civil Liberties Union of Oregon had argued in their appeal that if the laws were allowed to stand, a 17-year-old who lends her 13-year-old sister a copy of Judy Blume’s “Forever” could be arrested and prosecuted. Likewise, the plaintiffs warned, a health educator could be charged with a felony for discussing safe sex with anyone under 18.

Lawyers with the Oregon Department of Justice were still studying the opinion and had not decided whether to appeal the 9th Circuit ruling, said department spokesman Tony Green.

Bookstore owner Michael Powell said the laws put booksellers in the uncomfortable position of having to verify the age of young customers and determine which books might be subject to the age restrictions.

“One person’s bad influence is another’s piece of literature,” Powell said. “Those requirements are very unnerving to a bookseller, and they created a sense of bookstores being off-limits to young people, which is the opposite of what we want.”

ACLU attorney P.K. Runkles-Pearson said her organization would be willing to work with state officials “to come up with a constitutional law that meets their concerns.”

carol.williams@latimes.com

Oregon sex-literature laws ruled unconstitutional

WASHINGTON – President Barack Obama cited his own long struggle to quit the cigarettes he took up as a teenager as he signed the nation’s strongest-ever anti-smoking bill Monday and praised it for providing critically needed protections for future generations.

“The decades-long effort to protect our children from the harmful effects of smoking has finally emerged victorious,” Obama said during the sun-splashed Rose Garden signing ceremony.

The bill marks the latest legislative victory for Obama’s first five months. Among his other successes: a $787 economic stimulus bill, legislation to expand a state program providing children’s health insurance and a bill making it easier for workers to sue for pay discrimination.

The president has frequently spoken, in the White House and on the campaign trail, of his own struggles to quit smoking. He did so again during the ceremony, bringing it up while criticizing the tobacco industry for marketing its products to young people.

“I know — I was one of these teenagers,” Obama said. “I know how difficult it is to break this habit.”

Before dozens of invited guests, including children from the Campaign for Tobacco Free Kids, the president signed legislation giving the Food and Drug Administration unprecedented authority to regulate tobacco.

The Family Smoking Prevention and Tobacco Control Act allows the FDA to lower the amount of nicotine in tobacco products, ban candy flavorings that appeal to kids and block misleading labels such “low tar” and “light.” Tobacco companies also will be required to cover their cartons with large graphic warnings.

The law won’t let the FDA ban nicotine or tobacco outright, but the agency will be able to regulate what goes into tobacco products, make public the ingredients and prohibit marketing campaigns geared toward children.

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“It is a law that will save American lives,” Obama said.

Anti-smoking advocates looked forward to the bill after years of attempts to control an industry so fundamental to the U.S. that carved tobacco leaves adorn some parts of the Capitol.

Opponents from tobacco-growing states such as top-producing North Carolina argued that the FDA had proved through a series of food safety failures that it was not up to the job of regulation. They also said that instead of unrealistically trying to get smokers to quit or to prevent others from starting, lawmakers should ensure that people have other options, like smokeless tobacco.

As president, George W. Bush opposed the legislation and threatened a veto after it passed the House last year. The Obama administration, by contrast, issued a statement declaring strong support for the measure.

By JOAN WHITELY

Robert Kahre, who owns numerous construction businesses in Las Vegas, is standing trial on 57 counts of income tax evasion, tax fraud and criminal conspiracy. If convicted on most counts, he could live out his life in prison.

But attorney William Cohan paints Kahre as an American “hero” who believes his payroll system helped keep the U.S. monetary system sound, and was also a form of legal tax avoidance.

A self-made entrepreneur, Kahre, 48, paid his workers in gold and silver coin, and said they could go by the coins’ face value — rather than the much higher market value of their precious metal content — for federal tax purposes. He did not withhold taxes from their wages, and he provided the same payroll system to 35 outside clients, which were other local businesses.

Judge David Ezra is presiding over the criminal trial, which began May 19 in U.S. District Court. Joining Kahre as defendants are his longtime girlfriend, a sister who works in his businesses, and a former business assistant.

Three of the four present defendants were among the nine people tried on similar charges two years ago, but no convictions resulted. In the 2007 trial, four others of the nine defendants, including Kahre’s mother, were entirely acquitted. Two individuals were only partially acquitted, but dropped from the indictment that forms the basis for the trial before Ezra.

This time around, the only new defendant is Danille Cline, Kahre’s girlfriend of 19 years, and the stay-at-home mother of his four children. The government claims she obstructed the Internal Revenue Service by allowing Kahre to place several homes in her name, thus attempting to conceal his assets.

Cline’s former brother-in-law, Thomas Browne, also was indicted this time, for his role as broker in some of the real estate transactions, but has since reached a plea bargain. He is expected to testify against the defendants.

“This is a case about money, greed and fraud.” The line appeared on screen in court during the government’s opening statement by Christopher Maietta, a trial lawyer from the Washington, D.C., office of the Department of Justice.

According to the government, Kahre and others concocted a fraudulent cash payroll “scheme” and then peddled it to other Las Vegas contractors. Defendants did not report to the IRS any payments made to workers, “either at the true amount or at the bogus amount, … being the face value of the coin or coins,” according to the indictment.

The now-suspended payroll service handled about $114 million over six years, according to court records. Between 17 and 25 percent of that went to Kahre or his workers; the rest went to the 35 client businesses to pay their workers, court records show.

The government did not indict most of the outside businesses or their personnel as co-conspirators with Kahre; although on May 6, Daniel McCartan of Action Concrete, which was one of Kahre’s payroll clients, was finally sentenced in connection with a plea agreement reached in December 2006. McCartan received five months in prison and five months of home detention for one count of tax evasion.

Kahre contends his workers had agreed to be independent contractors, so he did not have to withhold taxes for them. His six businesses are in the trades of painting, drywall, tiling, plumbing, heating-cooling and electrical work.

Further, the $50 gold coins and the silver dollars Kahre used for payroll are designated by Congress as legal tender, so people are entitled to value them at their stamped denominations, he also contends. Taken at face value, each defendant’s annual coin income placed him below the threshold for filing a federal tax return.

Earlier cases on the question of how to value gold or silver coins have focused on collectible coins that had been pulled from circulation but still have value as property, according to the defense. Kahre used coins minted after 1985, which are allowed to circulate.

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“It’s not whether what Mr. Kahre did was legal under the law,” defense attorney Michael Kennedy told the jury in his opening statement. “It’s whether he believed what he did was legal,” in the absence of explicit instructions by the IRS — on its Web site, in its publications or in response to written correspondence from Kahre — on how to value post-1985 gold or silver coins.

“We’re not here to determine if moneys are owed,” said Kennedy on behalf of his client, Lori Kahre, who had relied on her brother’s tax theory. A tax mistake is different from a tax crime, so the IRS can still use administrative channels to force the defendants to pay back taxes, Kennedy has noted in the past.

A sincere, but mistaken understanding of the tax-filing process is different from adopting a “pretextual” belief system in order to dodge taxes, Ezra acknowledged in court Wednesday.

Cohan described Kahre’s payroll system as a “boycott of the Federal Reserve.” But when the lawyer attempted to elaborate on Kahre’s view that the nation has debased its paper currency by abandoning its former gold standard, Ezra added, “We’re not here to convince the jury that the … (U.S.) monetary system belongs to an international cabal.”

Contact reporter Joan Whitely at jwhitely@reviewjournal.com or 702-383-0268.