Lawrence G. Walters

Lawrence G. Walters is an American First Amendment attorney and anti-censorship advocate. Walters currently heads up Walters Law Group, a boutique law firm focusing on First Amendment and Internet Law, and has served as an Adjunct Professor of Legal Studies at the University of Central Florida.

Legal career

Walters is firmly rooted in the free speech camp, and regularly represents the interests of the online entertainment community. He has defended website operators in numerous high-profile obscenity cases, and regularly comments in the print and television media on Free Speech and Internet Law issues. Walters was listed in the Top Ten Percent of attorneys by the Orlando Business Journal,^[1] and has received a “10.0 – Superb” rating from AVVO.com.^[2]

Previously in 1999, Walters defended Tammy Robinson in the first obscenity case ^[3] based on website content. The charges were ultimately dismissed after Walters filed 2 federal lawsuits against prosecutors and sheriff’s deputies.

Walters has defended Chris Wilson^[4] against more than 300 obscenity charges arising from his operation of a controversial website which included images from the wars in Iraq and Afghanistan. The case represented the first obscenity prosecution against a website based on user generated content, and was the subject of a Rolling Stone article.

In 2007, Walters defended Karen Fletcher,^[5] who was charged with obscenity based on written stories published on her website. The case tested the boundaries of obscenity law, and was covered by the New York Times.^[6]

Walters’ novel legal strategy in an obscenity case against Clinton McCowen ^[7] made front page headlines in the New York Times, as he announced plans to introduce Google Trends evidence showing that online users were more interested in sexually explicit topics than in generic terms like “apple pie”^[8] or “watermelon.” The case was settled^[9] shortly after Walters issues a subpoena to Google for supporting evidence.

Walters is also known as a prominent advocate for the free speech rights of protestors,^[10] street performers,^[11] and topless dancers.^[12] For example, in 2006 he won an appellate court victory^[13] upholding the First Amendment right of a topless protestor in Daytona Beach, Florida.

Walters has also been active in representing the interests of the online gambling industry. He represented GoldenPalace.com against the Commonwealth of Kentucky in the state’s efforts to seize^[14] the valuable domain based on alleged gambling violations. He also represents numerous Internet Cafes^[15] in constitutional challenges^[16] to local ordinances banning the use of simulated gambling devices.^[17]

In 2009, Walters began representing teens accused of sex offenses based on sexting behavior. His representation of Phillip Alpert,^[18] was covered on CNN,^[19] Nightline,^[20] MTV,^[21] the Today Show^[22] and The View.^[23] The media exposure given to this case, and similar prosecutions, helped fuel a change in many states’ laws relating to teen sexting.^[24] Walters eventually published a law review article on the issue entitled: How to Fix the Sexting Problem, in the University of North Carolina, School of Law, First Amendment Law Review.

Walters has filed Amicus Curiae briefs at the United States Supreme Court, on behalf of the First Amendment Lawyers Association, in two significant Free Speech cases; United States v. Stephens, dealing with depictions of animal cruelty, and Brown v. Entertainment Merchants Association. Both cases resulted in victories for the First Amendment.

Walters operates several websites, including the popular legal resource website; www.FirstAmendment.com, his blog; www.LawofSex.com, and www.GameCensorship.com; providing information regarding censorship efforts directed at video game content.

Early Life and Education

Walters grew up in Chicago, IL, and attended college at the University of Central Florida, where he graduated magna cum laude. He received his Juris Doctor from Florida State University, with honors. During law school, he studied English Common Law at Oxford University, interned with U.S. District Court Judge Maurice M. Paul, and received a fellowship in Policy Studies.

Community and Professional Involvement

Since 2009, Walters has served as a member of the Advisory Council of and General Counsel to the Woodhull Sexual Freedom Alliance, a group advocating for the right to sexual freedom and expression as fundamental human rights. He is a past president and national chairman of the First Amendment Lawyers Association (2009–11), and active in the International Masters of Gaming Law. In 2000, he created the First Amendment Law Committee of the Florida Bar. He is also a member of the University of Central Florida, Legal Studies Department Advisory Committee. In the past, Walters has served as Chair of the Legal Panel of the American Civil Liberties Union, Central Chapter, a Director of the Volusia County Bar Association, and a Director of the Deltona Area Chamber of Commerce.

Publications

• “Shooting the Messenger: An Analysis of Theories of Criminal Liability Used Against Adult-Themed Online Service Providers,” Stanford Law and Policy Review, Issue 1, Vol. 23 (2012).
• “Florida’s Internet Cafes: The Future of Gaming or a Vanishing Loophole,” Gaming Law Review and Economics, Vol. 15, No. 7/8 (2011)
• “Sweepstakes and Sunshine: A Review of Florida’s Game Promotion Statute,” Gaming Law Review and Economics, Vol. 15, No. 5 (2011)
• “How to Fix the Sexting Problem – An Analysis of the Legal and Policy Considerations for Sexting Legislation,” UNC School of Law, First Amendment Law Review (Fall 2010).
• “Investment or Conspiracy? Legal Concerns about Investing in the Online Gambling Industry,” Gaming Law Review, Vol. 10, No. 2 (April 2006)
• "Obscenity in the Digital Age: The Re-Evaluation of Community Standards," NEXUS, A Journal of Opinion, Vol. 10 (2005)
• “Advertising Online Casinos: An Analysis of the Legal Rights and Risks,” Gaming Law Review, Volume 7, Number 2 (April, 2003).
• Advertising Issues, Internet Gambling Report (2006–2012) [Book Chapter]
• “Craigslist Case Implicates Important Legal Issues for User Generated Content Sites,” User Generated Content: Regulatory Dimensions, Amicus Books (2009).
• “Minors Should Not Be Required to Obtain Parental Consent for Violent Video Games,” America’s Youth, Opposing Viewpoints, Greenhaven Press (2008).
• Editor and contributor to: Law of Sex Blog, FirstAmendment.com, SweepsLaws.com, Adult Industry Update, and Gambling Law Update.

Bar Admissions

Lawrence Walters is admitted to the Florida Bar Association, the United States District Courts for the Northern, Middle and Southern Districts of Florida, the U.S. Court of Claims in Washington, DC, the Eleventh Circuit Court of Appeal, and the U.S. Supreme Court. He has also been admitted pro hac vice in cases throughout the country.

References

Additional references

• Walters, Lawrence G. "Anatomy of an Obscenity Prosecution: The Tammy Robinson Case Study"
• The Associated Press. “Couple fights community standards in online porn case,” (Sept. 5, 2000).
• Boyer, Q. “Defense Files New Petition in Ray Guhn Case.” XBIZ.com. (Nov. 21, 2007)
• Kushner, David. “Casualty of Porn.” Rolling Stone. (Dec. 12, 2005).
• Lewis, Neil A. “A Prosecution Tests the Definition of Obscenity.” NYTimes.com. (Sept. 28, 2007).
• Willhoit, Dana. “War, Porn Web Site Creator Arrested.” TheLedger.com. (Oct. 8, 2005).

External links

• ACLU of Florida, Central Chapter
• AVVO.com
• First Amendment Lawyers Association
• Florida Bar listing for Lawrence G. Walters
• International Masters of Gaming Law
• Law of Sex
• Speeches/Presentations
• Television Appearances
• Volusia County Bar Association