Originally Posted by pocketkangaroo

I understand how the court system works.

The prosecutor doesn't have to do anything he doesn't want, but Miller vs California clearly states that the porn has to lack artistic value and be against community standards for obscenity. If a signifigant percent of the population in the community views the type of pornography being presented, it is hard to judge that it is against community standards. But you're right, it's up to a jury decide. A jury could convict me of a video of me and a girl kissing as being obscene.

As for stating that the pornographer doesn't need to know whether his material is obscene, simply read up Smith vs California that states otherwise as to protect the chilling effect on speech that may be protected.

Either way, it's a fascist law and ruling.