A Worrisome DOJ Obscenity Prosecution Strategy
This is the latest announcement of an obscenity indictment from the U. S. Department of Justice but it is cause for worry rather than jubilation! You will note that the material indicted involves only the most extreme material.
For almost a dozen years, nearly all that DOJ has been willing to prosecute is the worst of the worst obscene material. DOJ has been told repeatedly throughout the years that such a strategy is a failure. That is because what is legally “obscene” must be determined by community standards according to the U.S. Supreme Court. However, if all that DOJ will prosecute is the most extreme material then juries are deprived of their roll in determining just what the community standards are and instead, DOJ establishes them for communities. That standard becomes an “anything goes” standard allowing the porn industry to pour into every community in America all but the most extreme material.
Why give this green light to the porn industry? The failed DOJ strategy has lead to many mainstream companies, such as cable operators, hotel chains, book and video stores, etc. to become involved in the business of pornography, knowing that, though they violate federal obscenity laws, DOJ will not prosecute them.
In meetings with officials at the DOJ, we have been told that neither Attorney General Gonzales nor the chief of the Criminal Division support this strategy