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New York attorney to speak on obscenity and free speech

The University of Wyoming is no stranger to controversies of free speech, for which high-profile New York attorney, Erica Dubno, will be sharing her expertise at “Obscenity and Free Speech,” a presentation tonight in the Berry Biodiversity Conservation Center.

The free event begins at 5:00 p.m. and focuses on the clash between free speech and censorship on the grounds of obscenity, followed by a catered reception.

Dubno, who has argued cases for New York’s Court of Appeals, the Connecticut Supreme Court and the Supreme Court of the United States is counted as a Top 100 lawyer by the National Trial Lawyers Association, according to her law firm’s website. She brings these hefty accolades to UW after being invited to speak by the Political Science Club, a recognized student organization (RSO) formed just this semester.

“She spoke at one of our classes this morning, she’s great,” Stephanie Skinner, vice president of the Political Science Club, said. “Tomorrow at the event she’s talking about her experiences, talking about obscenity, how it relates to free speech.”

Dubno often works on free speech cases, and her roster of cases includes taking on the defense of various adult entertainment businesses, companies and performers.

“She’s a specialist in First Amendment law, and kind of where her Supreme Court cases have gone is towards obscenity,” Skinner said. “How free speech works is the general rule is that your speech is always protected, and then there’s certain exceptions for when it’s not protected. Obscenity is one of those exceptions and there’s a lot of rules about the tests that you use to decide if something’s obscene or not.”

Dubno’s speech will focus on these sticky matters, with accounts of her cases in defense of shop owners and street performers such as scantily-clad women, often sporting body-paint costumes, who felt unfairly targeted by public decency laws that are less concerned about similarly (un)clothed men.

“The [New York] Supreme Court said ‘hey, anywhere that men can be shirtless, women also can,’” Skinner said. “So they’re allowed to be shirtless, technically. She defended them in front of the Supreme Court and she ended up winning the case 9-0.”

With Dubno’s visit, the Political Science Club’s members build upon their experience and involvement in some of UW’s other visits that roused clashing views about what exactly free speech is—such as Dennis Prager’s speech last semester.

“In order to be a fully rounded human being you need to hear all sides of an argument before you make your decision on it,” Thomas Terry, a member of the RSO and political science major, said. “That plays into what Dubno does with free speech because she protects the right of people—it might not be your favorite things, it might be itchy, icky or scratchy, but you need to have it there in order to build something of your own opinion.”

Terry comes from a family spread out along both ‘sides’ of the political spectrum and considers himself non-partisan, a stance the RSO shares to promote inclusivity and valuable, welcoming discourse.

“It gets scary when you’re trying to talk about politics, especially right now with the climate,” Skinner said. “We’re completely non-partisan. It’s a place where people can come give their opinions on current events, it’s usually really chill.”

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