NCJ Number
116290
Journal
Columbia Journal of Law and Social Problems Volume: 22 Issue: 1 Dated: (1988) Pages: 71-113
Date Published
1988
Length
43 pages
Annotation
This article examines the forfeiture provision of the 'dealing in obscent matter' predicate offense in the Federal Racketeer Influenced and Corrupt Organization Act (RICO), focusing on whether it is a form of prior restraint and whether it passes the Supreme Court's less restrictive means test.
Abstract
The article discusses the criminal provisions in the RICO and the 1984 amendments that added 'dealing in obscene matter' to the list of predicate offenses that can support a racketeering charge. After detailing the regulation of obscenity under the Constitution, the article explores whether the 'dealing in obscene matter' offense violates existing case law precedents. Even though the U.S. Supreme Court has not yet ruled on the constitutionality of applying the Federal RICO to obscenity cases, the article predicts that the RICO forfeiture provisions when applied to the predicate offense of obscenity will be found to be unconstitutional because they are a form of prior restraint and fail to pass the Court's less restrictive means test. 246 footnotes.