Court Rules: Pornography Laws are NOT Unconstitutional

[Bec]

Pornography producers have lost a bid to declare pornography laws unconstitutional. Judge Richard Leon, a federal judge in Washington, DC, has declined to dismiss an April 2008 case against pornography producer John Stagliano (and his company Evil Angel Productions, Inc.), who is accused of illegally trafficking hardcore pornography across state lines. Both producers claim that the federal laws criminalizing interstate trafficking of obscenity are unconstitutional, but Judge Leon concludes that the First Amendment does not protect obscene material in any way.

"The judge is saying what many judges before have said, and that is that it is constitutional for Congress and the states to outlaw the distribution of hardcore adult pornography," explains Pat Trueman, former chief of the U.S. Justice Department's Child Exploitation and Obscenity Section. "And now if we could just get the Justice Department to vigorously en force those laws, you would see it substantially disappear in this country."(2/26)

[tim460]

How sick and out of touch. Porn disappear, right. Shows how important it is for the lawyers, judges, and all defenders of free speech have to keep up their diligent work.

[gaybucks_chip]

People are confusing porn with obscenity.

Obscenity has long been found to not be protected speech. Porn, on the other hand, is. The Miller test is what we have to rely on for now to determine if something is obscene, and it's a pretty high standard to reach. So I don't really see how this ruling is anything new, unless there's something I'm missing.

[coctronic]

I suppose Chip is right. But I still find it difficult to accept that in our country, something might be deemed obscene in one locality and not in another.

[PornGuy]

I dont think they understand the financial impact that would have on this country either.

[maxx68]

I suppose Chip is right. But I still find it difficult to accept that in our country, something might be deemed obscene in one locality and not in another.

They made it illegal to sell dildos and other sex related materials in one part of Alabama and not others. I think it just depends what hypocrites are running for what office.