May. 5th, 2005

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Evidently, torturing prisoners is all right, but porn is bad, according to Attorney General Alberto Gonzales.

While Federalist Society hacks and Christofascists back Gonzales' crusade against dirty books and movies, I still think the Constitution matters. Activist judges have over the years fabricated the obscenity exception to the First Amendment out of whole cloth to enforce Christofascism throughout the ages, always against sex and profanity. Never against violence.

The new paradigm of information distribution, particularly the Internet, renders "contemporary community standards" obsolete. A common argument against porn is that adult bookstores and video stores create a sort of hazardous waste site within the community, contaminating all that come near it, particularly if they are sited in communities near Christofascists.

However, new delivery systems such as the Internet, as well as the United States Postal Service and other older delivery systems, renders the "community standards" test of obscenity obsolete, and renders quaint the idea obscenity should be an exception to the First Amendment.

(Where did the language in the preceding paragraph come from? First person to get it right gets...something, I guess.)
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Happy Birthday to [livejournal.com profile] taper and [livejournal.com profile] trinityva!

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