Justice Scalia Has Gone too Far this Time

Corey Yung

Corey Rayburn Yung is an Associate Professor at the University of Kansas School of Law. His scholarship primarily focuses on sexual violence, substantive criminal law, and judicial decision-making. Yung’s academic writings have been cited by state and federal courts, including the Supreme Court of the United States. Before Yung began his professorial career, he served as an associate for Shearman & Sterling in New York and clerked for the Honorable Michael J. Melloy of the United States Court of Appeals for the Eighth Circuit.

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3 Responses

  1. Joe says:

    The only thing that comes to mind as to masturbation is some sort of public masturbation that might fit into some overall indecent exposure [or perhaps in some public facility like some traditional ban on masturbation at an orphanage or mental institution?] or as some sort of sex show which would not count as “prostitution” because the person is just touching themselves and not engaged in a sex act with the customer. I take it he had something in mind there.

    Scalia is from NYC, the pizza capital of the U.S., so his comment is somewhat understandable.

  2. Corey Yung says:

    Hi Joe,

    I think the difficulty with that defense of Justice Scalia is that he lists public indecency and prostitution as other categories of laws that the majority opinion would invalidate.

  3. Joe says:

    Maybe so. But, this is the list: “bigamy, same-sex marriage, adult incest, prostitution, masturbation, adultery, fornication, bestiality, and obscenity.” The reference to “public indecency” is separate. There appears to be some history of laws against masturbation in this country, particularly in public places. Wikipedia has some links:

    http://en.wikipedia.org/wiki/Masturbation#Law