Quote:
Originally Posted by baddog
How was that against us? Would you rather they lumped us all in together?
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It was against us because it allows a local community to decide what is protected free expression and what is obscene, instead of taking a
liberal view of the 1st amendment.
It is also a vague law, in that you can't possibly know whether or not what you're doing is legal until after you are tried and then either convicted or acquitted.
This would violate the vagueness doctrine
Void for vagueness is a legal concept in American constitutional law, whereby a civil statute or, more commonly, a criminal statute is adjudged unconstitutional when it is so vague that persons "of common intelligence must necessarily guess at its meaning and differ as to its application
http://en.wikipedia.org/wiki/Vagueness_doctrine
This principle is sometimes used to strike down municipal by-laws that forbid "explicit" or "objectionable" contents from being sold in a certain city; courts often find such expressions to be too vague, giving municipal inspectors discretion beyond what the law allows.
http://en.wikipedia.org/wiki/Vagueness