The End of Porn?
December 8, 2005 10:46 AM Subscribe
The End of Porn? The Ashcroft/Gonzales Justice Department has made obscenity prosecutions a top priority, with 60 prosecutions in the first four years of the Bush administration (compared to four for the entire eight years of the Clinton administration). Anti-porn advocates were dismayed in January when a federal judge in Pittsburgh, citing dicta on sexual liberty in the Supreme Court's Lawrence v. Texas decision, dismissed an indictment in a closely-watched case. Today, however, the Third Circuit reversed, rejecting the defendant's arguments that (1) Lawrence protected their liberty interest in distributing pornographic material, and (2) earlier Supreme Court obscenity precedent should be revisited in light of the increased prevalence of Internet transmission. The result, undoubtedly, will be a new wave of prosecutions not seen since the Supreme Court set limits on First-Amendment based protections in the 1970s.
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