Obscenity laws may be overturned on a technicality

[mongo]

Obenberger: Obscenity Laws 'A House of Cards'
By: Kathee Brewer
Posted: 11:48 am PDT 9-13-2005

ST. MARTINVILLE, La. - Every battle is won in stages, and in every stage are dates that stand out as seminal moments in the tide of victory or defeat.

Oct. 3, 2005, may become a date that will live in infamy in the obscenity wars, because on that date a Louisiana jurist is expected to render a decision about the constitutionality of the state’s obscenity statute.

<snip>

The case, in which defense attorneys are challenging the very core of Louisiana’s applicable law, could have profound effects on obscenity laws nationwide.

Because it specifically attempts to regulate electronic communication, “the law is … written so broadly that anything on the Net would be subject to Louisiana law, and Louisiana is not allowed to regulate interstate commerce,” says Chicago First Amendment attorney J.D. Obenberger, one of the representatives for the defense. “That’s a constitutional responsibility of the federal government. I’m using the improper effects of the statute on the Internet to get the whole statute thrown out.”

much more (WARNING not work friendly) http://www.avn.com/index.php?Primary_Navigation=Articles&Action=View_Article&Content_ID=240243

Not to sure if this will actually call the laws in other states into question. Ohio's law makes no mention of "electronic communication" or any other medium. It talks about displays, performances and depictions.

But couple this with the recent Extreme Associates case, where a federal district judge threw out the obscenity law on the basis that it was a violation of privacy, and the RW wacko's have almost lost the culture war.

[Megahurtz]

1. Here we go, the Morality Police

are on patrol again.....:eyes: