Tracking Down Obscenity Laws: A Research Guide to the Michigan Legal System

When people ask, "What does the law say about X?" they are often referring to statutes. Michigan statutes are the enacted laws passed by the Michigan legislature. To learn how to read citations to statutes, use Wayne State University Law Library's Guide to Reading Legal Citations for Statutes,and Bieber's Dictionary of Legal Abbreviations,4th ed., Buffalo, NY: W.S. Hein: 1993.

Resources:

1.
Michigan Statutes Annotated. Charlottesville, VA : LEXIS Law Pub., 1936-
Michigan Compiled Laws Annotated. St. Paul, West Pub. Co. c1967-
Michigan Compiled Laws. Lansing, MI: Legislative Council: 1979-
Michigan Compiled Laws is also available online:
http://www.michiganlegislature.org/law/

The MSA, the MCLA, and the MCL are all multivolume sets containing the laws of the state of Michigan.  The MSA and MCLA are annotated compilations:  not only do they contain the text of the law, but they also include historical notes and references to textbooks, journal articles, and Michigan cases interpreting the law.  The MSA is particularly well-indexed, making it easier to find a specific topic within the volumes.  The MCL also contains the Constitution of the State of Michigan.

To find the relevant law on your topic, look up key terms in the general subject index volumes. Laws that may be particularly relevant to obscenity in libraries include, but are not limited to:

• Obscene Material. MCL 752.361 [M.S.A. 28.579(361)]

• Michigan Penal Code: Furnishing obscene publications or criminal news to minors. MCL 750.142 [M.S.A. 28.337 ]

• Michigan Penal Code: Children; exhibition of obscene matter. MCL 750.143 [M.S.A. 28.338 ]

• Michigan Penal Code: Definitions; child sexually abusive activity or material; penalties; possession of child sexually abusive material; expert testimony; acts of  commercial film or photographic print processor; applicability and uniformity of section; enactment or enforcement of ordinances, rules, or regulations prohibited. MCL 750.145c [M.S.A. 28.342a ]

 
• Michigan Penal Code:  Use of internet or computer system; prohibited communication; violation; penalty; use of enhanced sentence; definitions. MCL 750.145d.

• Library Privacy Act. MCL 397.601 [M.S.A. 15.1795]

This law includes sections on the "Selection and use of library materials" and the "Restriction of internet access to minors."
 
• Constitution of the State of Michigan.  Article I. Declaration of Rights.  § 5 Freedom of speech and of press.

2.
Michigan Legislative Service. St. Paul, West Pub. Co. c1967-
Michigan Advance Legislative Service. Charlottesville, VA: Lexis Publishing.
If you want to check for Michigan laws enacted after the MCLA, MSA, or MCL were updated, these pamphlets will give you the full text of the laws as enacted. They are arranged in order of passage, and are published during and immediately after the current legislative session.

Michigan Legislative Information Web Server. Available online: http://www.michiganlegislature.org/
This up-to-date keyword-searchable and browsable website has the full text of legislative bills and documents from the current legislature.
 

Resources for tracking bills that may someday become statutes:

Michigan Legislative Information Web Server. Available online: http://www.michiganlegislature.org/ The Michigan Legislative Information Web Server is the Michigan legislature's official site for tracking bills.You can search by sponsor, by topic, or by keyword.

Filtering Facts. Legislative Initiatives. Available online:http://www.filteringfacts.org/legis00.htm
The pro-filtering interest group Filtering Facts keeps track of Federal and State legislation related to filtering in public libraries.  Bill texts and status reports are posted on this page.

Gongwer News Service. Michigan Report.Available online: http://www.gongwer-mi.com/
This subscription news service covers state legislative affairs in Lansing, helping you track important developments. It also covers voter-initiated propositions that don't go through the Michigan legislature.
 

Sample questions that can be researched with these resources:

Under state law, can public library employees be convicted of disseminating obscene material?
According to MCL 752.367, the state law banning the dissemination of obscene material (MCL 752.365) does not apply to dissemination by "An individual who disseminates obscene material in the course of his or her duties as an employee of, or as a member of the board of directors of...a library established by this state or a library established by a county, city, township, village, or other local unit of government or authority or combination of local units of government and authorities or a library established by a community college district." However, you should check with a lawyer and check for court cases to see how this statute has been applied.

Judgments of obscenity depend in part on the application of "contemporary community standards." Does this mean that Ann Arbor, which is relatively liberal, might have different community standards from Michigan's rural areas?
According to MCL 752.362, "'Contemporary community standards' means the customary limits of candor and decency in this state at or near the time of the alleged violation of this act." Check with a lawyer and check for court cases to see how this statute has been applied.

Under state law, are cities and counties allowed to pass their own obscenity laws?
MCL 752.370 reads:

(1) A municipality, township, village, city, or an instrumentality thereof shall not enact or enforce any law, ordinance, or rule which regulates, or intends to regulate, any matter covered by this act.

(2) Subsection (1) does not apply to a zoning law, zoning ordinance, or zoning rule.

I hear that the Michigan legislature is considering a bill to amend state law on library internet access for minors. Where can I learn more?
The Filtering Facts legislative initiatives page and the Michigan Legislative Information Web Server both contain the full text and status of the bill, SB 936 in the Michigan Senate. The Michigan Legislative Information Web Server also gives a summary and analysis of the bill.

Caveats:

Statutes cannot be understood by themselves.
A statute can only be understood by examining how courts have interpreted it and applied it to particular situations. Court decisions rely not just on statutes but also on common law or case law. In particular, they rely on precedent -- previous court decisions determine how courts should decide the same question later. This is the principle of "stare decisis," short for "stare decisis et non quieta movere," which means "to adhere to precedent and not to unsettle things which are settled."

Where to find more resources like these:

Library laws handbook : state laws relating to Michigan libraries. 1998 compilation. Lansing, MI: Library of Michigan, 1998.
This is a compilation of state laws that may affect Michigan libraries. In addition to obscenity laws, it also contains laws on copyright and library funding, among other subjects. Because this resource is updated only every few years, you need to use other sources to double-check that the laws are current.

Kendall F. Svengalis, The legal information buyer's guide and reference manual. Barrington, R.I. : Rhode Island Law Press, 2000.
This manual is found in law school library reference areas. It lists and briefly reviews available state-level legal publications and websites. An excellent guide to legal research in any state.