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.

Yup indeed...

nice one

very nice !

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

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

God Speed Rob Black. God Speed.

Duke

that's a very good read.

Thanks

thanks for posting that :thumbsup

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

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! :2 cents:

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).

Thanks for posting that Lars.

Looks like a small on for us.

Bravo Lets send Judge Lancaster a big fruit basket for Christmas :)

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

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

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

I like that judge. :thumbsup

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

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

and a big Fuck You to Visa

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

YUP fo sure

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

A W E S O M E !!!