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Originally Posted by BoyAlley
I'm not saying that Sirkin or Douglas aren't knowledgeable or good at what they do. Free Speech is their business, and I don't doubt they know it inside and out. I just think Douglas might have flubbed the dub on the availability issue. 
Personally, as a juror, I would never even get to the point I would need to worry about it. I'd ask myself one simple question "Do most of the people that live in my community believe in Free Speech, and do most of them not want the government in their bedrooms." That, to me, is the community standard.
I think in most every town in the country, the answer to that question is yes. In fact, the juror interviewed by Xbiz even said as much.
I wonder what the government's take on all of this is. Are they pleased that they were able to get a conviction, or disheartened that 2 counts were dismissed?
I certainly know how they'll spin it, but I'd love to be a fly on the wall in the DOJ when they have meetings about future obscenity indictments.
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Good points, all around.
The government is certainly unhappy with the result of the trial. I don't know whether they intend to appeal - they probably won't say anything about that until the amount of the fines has been set by the court.
I get the sense that the defense may appeal, and whether or not they do will depend on the amount of the fines. An appeal would be costly, and if the fines are not substantially more than the cost of the appeal, my guess is that they will pay the fines and move on, satisfied that nobody is going to jail.