Reply #56: United States v. Extreme Associates / Pot vs. Kettle

[iverglas]

http://en.wikipedia.org/wiki/United_States_v._Extreme_Associates

http://www.fradical.com/Extreme_Assoc_decision_overturned.htm

On December 8, 2005, the 3rd Circuit overruled the lower court ruling. The 3rd Circuit determined that the federal obscenity statute was constitutional. The Court observed that the U.S. Supreme Court has repeatedly upheld the constitutionality of the federal obscenity statute and nothing had changed in the law or through technological advances to change those previous cases. The 3rd Circuit observed that the Supreme Court has, “affirm(ed) the power of Congress to 'regulate interstate commerce to the extent of forbidding and punishing the use of such commerce as an agency to promote immorality . . . or harm to the people of other states from the state of origin.' Orito, 413 U.S. at 144 n.6…”

http://www.freespeechcoalition.com/FSCView.asp?coid=232

Supreme Court Denies Certiorari in Extreme Associates Case
By: Q. Boyer (Courtesy of YNOT.com)
Posted: 5/15/2006

WASHINGTON, DC – The Supreme Court has denied a petition for a writ of certiorari (or "denied cert," as it is more commonly known) in the case of Extreme Associates v. United States, according to a list of orders for May 15th posted to the Supreme Court website.

... Lee explained that since the case has not gone to trial yet, the Justices know they are likely to get another chance to hear the case should there be a conviction. Lee said it's most likely that, given the Supreme Court's very full docket, they simply chose not to hear a case which hadn't reached a point where their opinion was needed, strictly speaking.

Yup, the right wing's pleased. I would only note that certain right-wing support for withdrawal from Iraq doesn't seem to have persuaded anyone that s/he should support the occupation.