Skip to main content

View Diary: U.S. Supreme Court protects Westboro's right to obnoxious speech (213 comments)

Comment Preferences

  •  great. That was a concurrence, not the law. (4+ / 0-)

    The law is that to be lacking protection as obscene, speech must appeal to a prurient interest, show patently offensive sexual conduct specifically defined by a state obscenity law, and must be utterly lacking in serious artistic, literary, political, or scientific value.

    •  I think we may want to talk about why (2+ / 0-)
      Recommended by:
      Mogolori, PsychoSavannah

      "Fuck" fits this definition, but "Fag" does not.

    •  The law is the true embodiment of everything (0+ / 0-)

      that's excellent, it has no kind of fault or flaw,
      and I, miluds, embody the law.
      Lawyers delight in circular reasoning
      (not meant as an ad hom).

    •  There's a good Geoff Nunberg (0+ / 0-)

      essay in "Going Nukular" that argues pretty persuasively that the three-part test in Miller amounts to "I know it when I see it" with fancy words -- at least the first and third prongs which are subjective (or, rather, pseudo-objective).

      "This world demands the qualities of youth: not a time of life but a state of mind[.]" -- Robert F. Kennedy

      by Loge on Wed Mar 02, 2011 at 10:36:33 AM PST

      [ Parent ]

      •  The three part test is (1+ / 0-)
        Recommended by:
        Loge

        intended to get around "I know it when I see it," because those who would violate obscenity laws have to have some clear standard in place, so that they know in advance whether what they are doing violates obscenity laws.

        The whole obscenity law thing is so difficult that it makes Justice Black's view seem more attractive, i.e., "I read 'no law abridging' to mean no law abridging."

        •  I agree (0+ / 0-)

          my point is that it fails, and it's rather obvious that it fails, hiding behind words that are essentially meaningless in their particular application.  I'd just go ahead and give Justice Stewart credit for honesty.

          I know the Bush DOJ did some obscenity prosecutions, even winning a few convictions, but I think the Obama administration has wisely moved away from that.  These would be good cases for Presidential pardons, imo.

          "This world demands the qualities of youth: not a time of life but a state of mind[.]" -- Robert F. Kennedy

          by Loge on Wed Mar 02, 2011 at 11:03:15 AM PST

          [ Parent ]

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site