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Criminal Law

: Underdog

So much for Obama and change, as he continues pursuing obscenity prosecutions.

By Marks & Katz, LLC

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When Barack Obama ran for president, I predicted that despite his overgeneralized talk of change that I would be no more satisfied with him than with Bill Clinton, with whom I was only moderately satisfied.   On the obscenity prosecution front, it turns out that Barack Obama?s administration continues pursuing obscenity prosecutions, whereas Bill Clinton?s administration apparently instituted few if any new obscenity prosecutions.   Why does Obama pursue obscenity prosecutions? Because he is truly committed to such prosecutions? Because he wishes to appease voters for upcoming Congressional elections and for his own re-election campaign? Because he has abdicated such prosecution decisions to Attorney General Holder and United States Attorneys (which is doubtful)? The Supreme Court?s Miller obscenity doctrine requires that, inter alia, the jury determine "whether the average person, applying contemporary community standards would find that the work, taken as a whole, appeals to the prurient interest, and (3) whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value...continue to full post

Full post as published by Underdog on July 19, 2010 (boomark / email).

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