A federal judge who had previously dismissed the case against Extreme Associates, only to have the dismissal overturned on appeal, has denied a second motion to dismiss the case.
Following the reversal of U.S. District Judge Gary Lancaster?s earlier dismissal of the case, Extreme Associates? attorneys H. Louis Sirkin and Jennifer M. Kinsley filed another motion to dismiss, on the grounds that federal obscenity statutes are unconstitutional and do not apply to the Internet.
As an alternative to dismissal of the case, Sirkin and Kinsley moved for a pretrial ruling regarding how the Miller obscenity test would be applied to the case. The defense argued in their motion that the Miller test?s reliance on ?community standards? is not viable in when the material in question is distributed via the Internet.
In his latest ruling issued July 30, Lancaster denied the motion to dismiss but granted the pretrial hearing requested as an alternative to dismissal.
?The criminal obscenity statutes at issue, as well as the View the full story
Following the reversal of U.S. District Judge Gary Lancaster?s earlier dismissal of the case, Extreme Associates? attorneys H. Louis Sirkin and Jennifer M. Kinsley filed another motion to dismiss, on the grounds that federal obscenity statutes are unconstitutional and do not apply to the Internet.
As an alternative to dismissal of the case, Sirkin and Kinsley moved for a pretrial ruling regarding how the Miller obscenity test would be applied to the case. The defense argued in their motion that the Miller test?s reliance on ?community standards? is not viable in when the material in question is distributed via the Internet.
In his latest ruling issued July 30, Lancaster denied the motion to dismiss but granted the pretrial hearing requested as an alternative to dismissal.
?The criminal obscenity statutes at issue, as well as the View the full story
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