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U.S. Files Appeal in Extreme Associates Case
U.S. Files Appeal in Extreme Associates Case
The U.S. Department of Justice and Attorney General Alberto R. Gonzales announced plans to appeal the recent dismissal of obscenity charges filed against adult film company Extreme Associates and owners Robert Zicari and Janet Romano. Read about it here: http://www.xbiz.com/news_piece.php?id=7494 |
No great surprise.
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?The Department of Justice places a premium on the First Amendment right to free speech, but certain activities do not fall within those protections, such as selling or distributing obscene materials,? said Attorney General Alberto R. Gonzales. ?The Department of Justice remains strongly committed to the investigation and prosecution of adult obscenity cases.?
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I thought the government could not apeal only the defendant could apeal.
thats odd. if one court finds you innocent i did not think the prosecuters could try a second time around to convit you... Very Odd |
It was a dismissal, not a verdict yet --
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I'm kind of surprised. I though they might let it ride to not risk setting a precident in an even higher court.
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In a free society, people who produce material that the government does not like should be in jail. |
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"On Wednesday, the government filed a notice of appeal in the case, bringing it now before the 3rd U.S. Circuit Court of Appeals. "
A "Notice of Appeal" is not an Appeal. You have a very short time to file a Notice of Appeal, which is a short pro-forma thing which basically/simply states that you intend to file an Appeal* - it's sort of a "place holder". Many times, people file a notice of Appeal and then never file an actual Appeal, but if you don't file the notice within the dealdine, you are foreclosed fro being able to file the Appeal at all. * Most courts you get 9 months to file the actual Appeal. |
there's a surprise. hmmmm
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PS. Give me another example of when the US government has attempted to prosecute a corporate criminal again after a dismissal. BTW as you can see I'm agreeing with the administration, the first amendment does not exist to protect speech those in charge do not agree with. |
brutal dude.
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well here's the thing.
ordinary so-called "hard core porn" showing consenting adults isn't going anywhere soon. and the reason is because it is now ubiquitous all over the world. in most all 5-star hotels in america you can have pay per view hardcore. i was in manila last month, pay per view hardcore at the hyatt regency on roxas blvd. i was in rio months prior, hardcore everywhere, and bestiality movies openly sold in the stores. same in panama, costa rica, japan, and now russian. and the sky has not fallen, and the sun still comes up every day. people just don't give a shit about this, and the genie is out of the bottle. |
It's no big surprise to me that they did this. It took them almost 2 years to get the first case up to where it is now it may take another 2 years for them to decide if they have a winable case and to go forward with it. You can see this one ending up before the supreme court.
I would think they will go through with it because the core of this case is that the community standard does not matter in cases with the internet. If it is allowed to stand that in cases like this the community standard doesn't exist then it will greatly reduce thier ability to go after websites. Gonzales is, like all of bush's cabinet now, just a yes man. He will do whatever he is told to do. You know bush still caters the the conservative christian right so he will continue to move forward with these things. How much he achieves is yet to be seen |
It's meaningless in the short and long term. There are real and present dangers to humanity as a whole.
I hear people from churches and civic groups bitch and complain about porn but when you look twice they'll make a bee line to the nearest whore house. You don't see a global crackdown on prostitution because it's the livelihood of the economic world. SEX SELLS plain and simple. We may not like it, we may like it, what matters is what are you willing to sacrifice in order to control? |
I will say again.
Extreme will walk and Rob Black will remain a free man. |
I find it very interesting that this is the first thing Gonzales went after as AG...
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I hope the gov't loses, but I am not so sure that they will. Obscenity laws should be ruled unconstitutional. For obvious reasons. Does anyone here think that we should have obscenity laws? |
ill be watching this case, pretty interesting
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This will arrive at the U.S. supreme court just about the time Bush has had a chance to pack it with 1 or 2 new conservative judges, and it that case Extreme Associates would likely loose.
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Anybody know what the actual indictments are? I've seen the content on Extreme Associates, and while it's extreme, it certainly looks as though everybody has consented to do what they do on camera.
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