29 October 2005

Is a State's Tax on Porn Constitutional?

Kansas lawmakers will look at a special state tax on adult entertainment businesses to study before the next legislative session. If the state can impose taxes on tobacco and alcohol, why not on pornography?

2 comments:

Anonymous said...

I'd imagine the Supremes would take a dim view of picking out a particular kind of speech for special taxes. You'd have to tax all DVDs, all magazines, etc... or none at all

Mike said...

Without going into detail, I'll give you three words why a court might uphold such a law: secondary effects doctrine.