A Federal Judge Dismisses an Obscenity Prosecution on Privacy Grounds: - GoFuckYourself.com

Xenophage · 02-13-2005, 01:55 PM

http://writ.news.findlaw.com/hilden/20050131.html

man this is an awesome read !

check out these parts

Precluded from citing any longstanding moral interest, the government in Extreme Associates put forward another putative state interest in an attempt to justify charging the defendants with violations of the criminal obscenity laws: An interest in protecting children, and unconsenting adults, from seeing such material.

But Judge Lancaster did not find this interest convincing. He pointed out that the website already protected children and unconsenting adults by erecting a number of gates: To buy a film, the purchaser had to use a credit card, purchase a membership, and receive and use a password.

And in any event, Judge Lancaster noted, even if the criminal law of obscenity marginally did serve these interests, it was far too blunt an instrument to do so constitutionally. The Supreme Court has made clear that adults should not lose rights to view material just because a "determined minor" can figure out a way to access that material, too.

This second ruling by Judge Lancaster was also very convincing. Especially since civil penalties are an option, and the site does use a credit-card requirement to screen out most minors, it seems grossly excessive for the defendants to face jail sentences of up to five years under the law. When it comes to the First Amendment, especially, the punishment must fit the offense far better than this.

In addition, the Supreme Court has long held that adults cannot, in effect, be sent back to the nursery when it comes to First Amendment rights: Just as a few industrious sixteen-year-olds are doubtless going to sneak pornographic magazines from behind the cash register, so too will they figure out a way to get a credit card and download pornographic films. We may want to take measures to stop them, but such measures should not include treating all adults accessing a give site like sixteen-year-olds, in the fear that a few sixteen-year-olds will masquerade as adults and gain access to the site.

AlienQ - BANNED FOR LIFE · 02-13-2005, 01:57 PM

Yup indeed...

Fletch XXX · 02-13-2005, 02:00 PM

nice one

xanx · 02-13-2005, 02:01 PM

very nice !

Project-Shadow · 02-13-2005, 02:55 PM

That's a step in the right direction for sure.

Xenophage · 02-13-2005, 03:06 PM

yes this has been a huge win for our industry... but this article sheds more light on it

Major (Tom) · 02-13-2005, 03:24 PM

God Speed Rob Black. God Speed.

Duke

jimmyf · 02-13-2005, 04:12 PM

that's a very good read.

Thanks

JFK · 02-13-2005, 04:24 PM

Quote:

Originally Posted by LegendaryLars

yes this has been a huge win for our industry... but this article sheds more light on it

thanks for posting that

Cassie · 02-13-2005, 04:26 PM

thanks for posting that. definitely a step up the ladder.

tungsten · 02-13-2005, 04:28 PM

thanks for the informative read

tASSy · 02-13-2005, 04:40 PM

very interesting indeed, thanks for posting it here

swami · 02-13-2005, 04:48 PM

Quote:

Originally Posted by tungsten

thanks for the informative read

Ditto.
It almost restores my faith in what makes the USA a great country.The First Amendment is the cornerstone of what made America the richest country in the world and these false prophets deciding whats good and evil need to fuck off!

$5 submissions · 02-13-2005, 05:04 PM

Interesting how this plays out with rulings from more conservative appeals circuits. Hopefully the next court level--appellate court--approves of this reasoning. This will set the stage for Supreme Court review (since they normally hate contrasting schools of thought among the differing circuits).

pornguy · 02-13-2005, 05:13 PM

Thanks for posting that Lars.

Looks like a small on for us.

tony286 · 02-13-2005, 05:17 PM

Bravo Lets send Judge Lancaster a big fruit basket for Christmas

Xenophage · 02-13-2005, 05:29 PM

Quote:

Originally Posted by $5 submissions

Interesting how this plays out with rulings from more conservative appeals circuits. Hopefully the next court level--appellate court--approves of this reasoning. This will set the stage for Supreme Court review (since they normally hate contrasting schools of thought among the differing circuits).

I dont think it goes to any other level I think Black won dont think the government can apeal its case.

slipkid · 02-13-2005, 06:48 PM

Good stuff. Avoid the extremes, nice lesson. Good news!

smack · 02-13-2005, 07:00 PM

excellent news. finally someone has the sense to think before they legislate.

titmowse · 02-13-2005, 07:07 PM

I like that judge.

Muff · 02-13-2005, 07:22 PM

A great precedence for any such cases that may come up.

baddog · 02-13-2005, 07:30 PM

Quote:

Originally Posted by LegendaryLars

I dont think it goes to any other level I think Black won dont think the government can apeal its case.

They could take it to the Supreme Court . . . but I doubt they would.

baddog · 02-13-2005, 07:31 PM

Quote:

Originally Posted by LegendaryLars

But Judge Lancaster did not find this interest convincing. He pointed out that the website already protected children and unconsenting adults by erecting a number of gates: To buy a film, the purchaser had to use a credit card, purchase a membership, and receive and use a password.

and a big Fuck You to Visa

Xenophage · 02-14-2005, 10:19 AM

Yes this is some of the best news the industry has had in a long long time

Xenophage · 02-14-2005, 08:33 PM

Quote:

Originally Posted by baddog

and a big Fuck You to Visa

YUP fo sure

Love Brokers · 02-14-2005, 08:59 PM

Quote:

Originally Posted by LegendaryLars

http://writ.news.findlaw.com/hilden/20050131.html

man this is an awesome read !

check out these parts

Precluded from citing any longstanding moral interest, the government in Extreme Associates put forward another putative state interest in an attempt to justify charging the defendants with violations of the criminal obscenity laws: An interest in protecting children, and unconsenting adults, from seeing such material.

But Judge Lancaster did not find this interest convincing. He pointed out that the website already protected children and unconsenting adults by erecting a number of gates: To buy a film, the purchaser had to use a credit card, purchase a membership, and receive and use a password.

And in any event, Judge Lancaster noted, even if the criminal law of obscenity marginally did serve these interests, it was far too blunt an instrument to do so constitutionally. The Supreme Court has made clear that adults should not lose rights to view material just because a "determined minor" can figure out a way to access that material, too.

This second ruling by Judge Lancaster was also very convincing. Especially since civil penalties are an option, and the site does use a credit-card requirement to screen out most minors, it seems grossly excessive for the defendants to face jail sentences of up to five years under the law. When it comes to the First Amendment, especially, the punishment must fit the offense far better than this.

In addition, the Supreme Court has long held that adults cannot, in effect, be sent back to the nursery when it comes to First Amendment rights: Just as a few industrious sixteen-year-olds are doubtless going to sneak pornographic magazines from behind the cash register, so too will they figure out a way to get a credit card and download pornographic films. We may want to take measures to stop them, but such measures should not include treating all adults accessing a give site like sixteen-year-olds, in the fear that a few sixteen-year-olds will masquerade as adults and gain access to the site.

Geeeee............a reasonable evaluation from a fucking judge. Must be one of my clients.

Easton · 02-14-2005, 09:02 PM

A W E S O M E !!!

02-13-2005, 01:55 PM	#1
Xenophage Registered User Industry Role: Join Date: Oct 2001 Posts: 12,122	A Federal Judge Dismisses an Obscenity Prosecution on Privacy Grounds: http://writ.news.findlaw.com/hilden/20050131.html man this is an awesome read ! check out these parts Precluded from citing any longstanding moral interest, the government in Extreme Associates put forward another putative state interest in an attempt to justify charging the defendants with violations of the criminal obscenity laws: An interest in protecting children, and unconsenting adults, from seeing such material. But Judge Lancaster did not find this interest convincing. He pointed out that the website already protected children and unconsenting adults by erecting a number of gates: To buy a film, the purchaser had to use a credit card, purchase a membership, and receive and use a password. And in any event, Judge Lancaster noted, even if the criminal law of obscenity marginally did serve these interests, it was far too blunt an instrument to do so constitutionally. The Supreme Court has made clear that adults should not lose rights to view material just because a "determined minor" can figure out a way to access that material, too. This second ruling by Judge Lancaster was also very convincing. Especially since civil penalties are an option, and the site does use a credit-card requirement to screen out most minors, it seems grossly excessive for the defendants to face jail sentences of up to five years under the law. When it comes to the First Amendment, especially, the punishment must fit the offense far better than this. In addition, the Supreme Court has long held that adults cannot, in effect, be sent back to the nursery when it comes to First Amendment rights: Just as a few industrious sixteen-year-olds are doubtless going to sneak pornographic magazines from behind the cash register, so too will they figure out a way to get a credit card and download pornographic films. We may want to take measures to stop them, but such measures should not include treating all adults accessing a give site like sixteen-year-olds, in the fear that a few sixteen-year-olds will masquerade as adults and gain access to the site.

02-13-2005, 01:57 PM	#2
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02-13-2005, 02:00 PM	#3
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02-13-2005, 03:24 PM	#7
Major (Tom) Boomer Woffen Industry Role: Join Date: Nov 2003 Location: Null Posts: 30,542	God Speed Rob Black. God Speed. Duke __________________ My mother said, to get things done You'd better not mess with Major Tom

02-13-2005, 04:12 PM	#8
jimmyf OU812 Join Date: Feb 2001 Location: California Posts: 12,651	that's a very good read. Thanks __________________ Epic CashEpic Cash works for me Solar Cash Paysite Plugin Gallery of the day freesites,POTD,Gallery generator with free hosting

02-13-2005, 02:01 PM	#4
xanx Confirmed User Join Date: Apr 2002 Location: Orlando, FL Posts: 3,711	very nice !

02-13-2005, 02:55 PM	#5
Project-Shadow Confirmed User Industry Role: Join Date: Feb 2003 Posts: 7,340	That's a step in the right direction for sure.

02-13-2005, 03:06 PM	#6
Xenophage Registered User Industry Role: Join Date: Oct 2001 Posts: 12,122	yes this has been a huge win for our industry... but this article sheds more light on it

02-13-2005, 04:26 PM	#10
Cassie Confirmed User Join Date: Mar 2003 Location: NJ Posts: 3,139	thanks for posting that. definitely a step up the ladder. __________________ ICQ: 309756847 ]

02-13-2005, 04:28 PM	#11
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02-13-2005, 04:40 PM	#12
tASSy Spread The Pink! Join Date: Nov 2004 Location: pinktown! Posts: 8,229	very interesting indeed, thanks for posting it here __________________ tassyPINK ICQ ~ 318097066 *

02-13-2005, 05:04 PM	#14
$5 submissions I help you SUCCEED Industry Role: Join Date: Nov 2003 Location: The Pearl of the Orient Seas Posts: 32,195	Interesting how this plays out with rulings from more conservative appeals circuits. Hopefully the next court level--appellate court--approves of this reasoning. This will set the stage for Supreme Court review (since they normally hate contrasting schools of thought among the differing circuits). __________________ Need a NON-ADULT income stream? We build your YOUTUBE CHANNEL for only $20 per video! For Hire: $3/hour or $400 per month Marketing Specialist Virtual Assistants

02-13-2005, 05:13 PM	#15
pornguy Too lazy to set a custom title Industry Role: Join Date: Mar 2003 Location: Homeless Posts: 62,911	Thanks for posting that Lars. Looks like a small on for us. __________________ PornGuy skype me pornguy_epic AmateurDough The Hottes Shemales online! TChicks.com \| Angeles Cid \| Mariana Cordoba \| MAILERS WELCOME!

02-13-2005, 05:17 PM	#16
tony286 lurker Industry Role: Join Date: Aug 2002 Location: atlanta Posts: 57,021	Bravo Lets send Judge Lancaster a big fruit basket for Christmas

02-13-2005, 06:48 PM	#18
slipkid Confirmed User Join Date: Feb 2004 Location: USA Posts: 791	Good stuff. Avoid the extremes, nice lesson. Good news! __________________ Tons of porn sites Sell Adult products on your sites

02-13-2005, 07:00 PM	#19
smack Push Porn Like Weight. Industry Role: Join Date: Mar 2002 Location: Inside .NET Posts: 10,652	excellent news. finally someone has the sense to think before they legislate. __________________ Cry havoc and let slip the dogs of war.

02-13-2005, 07:07 PM	#20
titmowse Confirmed User Industry Role: Join Date: Jan 2001 Location: TEXAS Posts: 5,320	I like that judge. __________________ I still love everybody

02-13-2005, 07:22 PM	#21
Muff Confirmed User Join Date: Mar 2001 Location: Toronto Posts: 1,782	A great precedence for any such cases that may come up.

02-14-2005, 10:19 AM	#24
Xenophage Registered User Industry Role: Join Date: Oct 2001 Posts: 12,122	Yes this is some of the best news the industry has had in a long long time

02-14-2005, 09:02 PM	#27
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