[Ecommerce] Federal Obscenity Rule Nixed In Internet Porn Case

[Jeff Williams]

All,

  Thanks to our fine state supreme court judges in Texas....
[ see Lawrenc v Texas ]
http://supreme.lp.findlaw.com/supreme_court/briefs/02-102/02-102.resp.pdf

Lawrence v. Texas - Court of Appeal of Texas - 14th ...
see:
http://supreme.lp.findlaw.com/supreme_court/decisions/lower_court/14-99-00109-cr.html

===========

  See:

http://www.acsblog.org/bill-of-rights-741-court-strikes-down-federal-obscenity-statute.html



  A court in Pennsylvania has "declared the federal anti-obscenity law
unconstitutional in a criminal case against an Internet porn
distributor:
'We find that the federal obscenity statutes burden an individual's
fundamental right to possess, read, observe, and think about what he
chooses in the privacy of his own home by completely banning the
distribution of obscene materials.' The court's decision rested in part
on Lawrence v. Texas, the Supreme Court case striking down anti-sodomy
laws. Under Lawrence, said the court, 'upholding the public sense of
morality is not even a legitimate state interest."'

 Oh but wait, it seems that the good Professor Orin Kerr at
 http://www.volokh.com/archives/archive_2005_01_21.shtml#1106349511
argues that this case is inconsistent with existing doctrine, and will
likely be overturned on appeal.

  So at least Porn is safe as is freedom of speech and expression
on the internet for now...

  I personally don't see how Porn is a form of sodomy on the internet.
Voyeurism, certainly!  Sodomy, hardly... Unless in the special instance
of child pornography AKA "Kiddy-porn". Otherwise, individual choice,
not one that is legislated, or determined by the courts or executive
administration Policy... Less government is sometimes good or
better...  I don't want my government, state or federal, telling
me what I can review on the internet and what I can't...

Regards,


--
Jeffrey A. Williams
Spokesman for INEGroup LLA. - (Over 134k members/stakeholders strong!)
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