Outrage.
I am not sure how many of you know about the case of Nitke v. Gonzales, on which the SCOTUS just confirmed a lower court ruling. Basically, what this ruling amounts to, is that under the Miller "community standards" test in obscenity cases, the federal government is able to apply standards from the most restrictive communities when dealing with internet material produced in communities with broader standards.
While this on its face does not sound unconstitutional to me, there is good reason to consider the law being applied to be "overbroad", and thus unconstitutional. Also, there is some really appalling jurisprudence regarding evidentiary standards involved.
I would appreciate comments on this, especially from any lawyers reading this, yes preraphaelite and klarfax, I am looking at you.
For more info
Post by the lead attorney in the case
Press Release by National Coalition for Sexual Freedom
Article in New York Law Journal about the impossible evideintiary standard created in this case
On a related note, I am planning on going to a talk by alanesq tonight, If you are in the area and wish to join me, let me know.
While this on its face does not sound unconstitutional to me, there is good reason to consider the law being applied to be "overbroad", and thus unconstitutional. Also, there is some really appalling jurisprudence regarding evidentiary standards involved.
I would appreciate comments on this, especially from any lawyers reading this, yes preraphaelite and klarfax, I am looking at you.
For more info
Post by the lead attorney in the case
Press Release by National Coalition for Sexual Freedom
Article in New York Law Journal about the impossible evideintiary standard created in this case
On a related note, I am planning on going to a talk by alanesq tonight, If you are in the area and wish to join me, let me know.