Our Obscenity Law is a far reaching, obsessively detailed and
vague Supreme Court law. It bans the "...publication,
distribution or circulation [of] any obscene written matter,
picture, model, phonograph record or other thing whatever."
Obscene is defined as "the undue exploitation of sex", alone or
in combination with other evils.* It
neither expounds upon what constitutes "undue" exploitation of
sex, nor does it stipulate what due exploitation of sex might be.
According to the obscenity law "The motives of an accused are
irrelevant..." It is not a defense that the accused did not know
the material in question was obscene - did not know, in other
words, that she or he was committing a crime.
The normal application of the law entails due process. The
offending material is tried in an open court, according to the
rules of evidence, before a judge and jury who are obliged to
listen carefully to both sides. What is most important to me, is
that the public at all times has access to the material in
question, so that it may judge for itself the gravity of the
offense, and the propriety of the proceedings.
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