DaddySatyr -> RE: Ricky wants to ban porn....... (3/16/2012 5:46:33 AM)
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ORIGINAL: vincentML You have too much faith in SCOTUS, Michael. They have already ruled in favor of 'community standards.' It is but a short step to an outright ban. It will only take the next Republican president to nominate a Conservative Justice to the Court. Furthermore, pressure can easily be brought upon internet providers to block porn. Just because we have had a liberty does not mean we will always have it. The price of liberty is vigilance, etc. I agree with the vigilance. Trust me. I just don't see a Republican president, a Republican house, and a Republican senate happening in the right combination to allow (here I go, again) "President" Santorum to sit an ultra-conservative on the bench. Be that as it may, "community standards" is a tricky way for people to bring a case like this to the Supremes. Why? Simple, really. "Porn", as it exists today is a national thing (I'm speaking only about our laws and our jurisdiction. I know it's global). Hustler isn't only sold in large cities (although, I'm sure some store owners - of their own volition - choose not to carry pornography because of the communities they serve). It's nation-wide. It's in almost every convenience store and newsstand and luncheonette. In order to invoke "community standards" two things would have to happen: 1) the person(s) bringing suit would have to try to claim spokesmanship for the entire country or, more probably 2) The suit would be brought by "Citizens for a Clean Podunk County" See? The issue is: What community are we talking about? If the people in Podunk county want to ban porn from being sold in their jurisdiction, I'm all for it. However, we're talking about a case, making it all the way to the Supremes which tells me we're talking about the "community" being the entire US. I don't think the most dyed-in-the-wool religious nutjob could make a case that the "community standards" of the entire country reject pornography. Maybe I'm over-thinking it but my faith isn't in the Supremes, per se but in the "community" that this would affect. In fact, there are judges on the court that refuse to strike down things with which they agree (anti-abortion, for example) because they don't have a constitutional leg to stand on. I know that if I were a judge, I couldn't strike down something just because it was something with which I didn't agree and I'm willing to assume that when it comes to constitutional law and a personal conviction to uphold it, the Supremes are far superior to me. Peace and comfort, Michael
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