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: Objective Justice

Kozinski Videos

By Sean Sirrine

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These videos are certainly not safe for work. Seriously. Don't look at them unless you are prepared to see what can only be classified as pornography. Mostly I get the impression that people want to see them for voyeristic reasons, but there are enough people out there that just want to see for themselves what all the fuss is about.

Some of it is straight pornography. After seeing it, I have the impression that maybe Judge Kozinski might not be the best person to be deciding what is obscene.

However, how do you draw the line? Clearly, Kozinski did nothing illegal. If a judge goes home and drinks alcohol, shoul he recuse himself from an alcohol advertising case? What if he uses the actual product? What if he is a Coke drinker and Coke brings a case? What if Pepsi brings the case?

What if you are a judge who happened to buy a Playboy? Does that mean you can't sit on a panel to decide what obscenity means? (Since Playboy can be bought at the public market we have to assume it isn't obscene -- likewise for these videos. Go to an adult store and they are tame by comparison.)

I think that at some level we have to asume that those people whom we have designted to life appointments are willing and able to differentiate between their own likes and dislikes and what the law is. That is why we have to be so careful when we pick them for the job.

Unless they do something obnoxious, (like if Kozinski had been running a porn site for some part-time cash), there is no reason for people to get so up-in-arms.

Full post as published by Objective Justice on June 24, 2008 (boomark / email).