Tuesday, October 23, 2007
The Incredible Shrinking Obscenity Trial
Recall that trial for distributing dirty DVDS that got underway in Phoenix last week? It started with three defendants, but one had to be jettisoned in the interest of pursuing the case against the other two. A second defendant (link not work safe) had charges dismissed today -- the judge ruled that there was essentially no evidence that his job would have provided him with knowledge of the content of the challenged videos. Hard to know how a jury will react to having defendants and their lawyers regularly disappearing.
Incidentally, an unwillingness to pursue this obscenity case may have played a role in costing one of those famously fired US attorneys his job.
Update: [Note: Links that follow are not work safe] Oops, almost missed the really important story for the porn industry: a federal appeals court in the 6th district has declared the record-keeping requirements for adult businesses, the so-called 2257 requirements, to be overbroad and thus unconstitutional. (These are the regulations that cost 'Girls Gone Wild' a couple million dollars.) The regulations are intended to ensure that adult entertainers are at least 18-years old, but porn producers have been quite vocal in their complaints that the requirements are too demanding. It seems that the 6th district agrees.