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mikesouth · 10-22-2008, 01:09 AM

This is the double edged sword

on the one hand you can argue that the internet is interstate commerce and as such falls into the jurisdiction of the feds and states cannot regulate it. The back side of that sword is that if your site is found obscene, you are in violation of federal law prohibiting the transport of obscenity. think Max here...he didn't go down for obscenity...all of his counts were for shipping obscenity. Of course the material he shipped had to be found obscene for it to work...that's why the feds venue shop on these cases.

now the flip side is that you let the states control it like this judge wishes to do. Its unlikely his tactic will work since the feds have already claimed jurisdiction via the interstate commerce clause.

10-22-2008, 01:09 AM
mikesouth Confirmed User Industry Role: Join Date: Jun 2003 Location: My High Horse Posts: 6,334	This is the double edged sword on the one hand you can argue that the internet is interstate commerce and as such falls into the jurisdiction of the feds and states cannot regulate it. The back side of that sword is that if your site is found obscene, you are in violation of federal law prohibiting the transport of obscenity. think Max here...he didn't go down for obscenity...all of his counts were for shipping obscenity. Of course the material he shipped had to be found obscene for it to work...that's why the feds venue shop on these cases. now the flip side is that you let the states control it like this judge wishes to do. Its unlikely his tactic will work since the feds have already claimed jurisdiction via the interstate commerce clause. __________________ Mike South It's No wonder I took up drugs and alcohol, it's the only way I could dumb myself down enough to cope with the morons in this biz.