Guess I gave em the kick in the pants they needed.
Check your Dead Pool Johnny Carson has assumed room temperature.
This Is Your Monday Morning Wake The Fuck Up Call:
The one site that should have the most information for the industry on this whole Extreme Associates thing is AVN and guess what, they have the least. I thought Kernes was the legal Beagle over there, didn’t anyone boher to dial his fucking extension and say hey what the fuck does this mean?
Let me point out
Rob Black, scumbag of the year and no friend to porn has NOT made history.
The industry has not dodged any bullets.
This case can go a lot of ways from here, some are highly unlikely others are almost a sure thing.
The first is the decision to appeal, lets look at that.
Should the DOJ choose NOT to appeal this decision then there is effectively no law against obscenity in the third US District, porners should understand this, its why it is legal to shoot in L.A. but I digress. If the DOJ chooses not to appeal then Rob walks, plain and simple.
Should the DOJ choose to appeal this ruling by judge Lawrence (they have 30 days to file) then the third district court of appeals will hear the appeal and 3 judges will decide if Lawrence was right or wrong in his ruling.
If the decide he was right, then the DOJ can appeal that ruling to the Supreme court.
If they decide he [ Lawrence] was wrong, then Rob stands trial as planned. and if he loses Rob may appeal again to the third district court of appeals then to the supreme court.
Should this case make it to the Supreme Court then both Mary Beth Buchanon and Lou Sirkin (Robs attorney) will argue in a very limited amount of time as to what they think the Supreme Court should rule regarding the constitutionality of the case.
If the Supreme Court does decide to hear this case, no matter what stage it comes in, it is likely that they will attempt to define obscenity, in constitutional regards, once and for all, which could be very bad for porn, or very good.
Once the supreme court defines obscenity then the game is over and thats that, obscenity is NOT protected free speech.
So in short, the decision by the DOJ is do we let the decision stand and essentially have no law against obscenity in the third district or do we appeal it and risk losing on a broader scope? It doesn’t take a rocket scientist to see where this is likely to go.
What the industry needs to remember is that Black is no friend, he has brought this upon us all. Just because he is the enemy of the justice department and the justice department is thought to be our enemy that doesn’t make Rob our friend, Rob could, theoretically, single handedly bring the entire industry to soft core only, and that is not a stretch when you look at the make up of the Supreme Court in three years, it will almost certainly be very conservative with two or more new Bush appointees.
So my colleagues in Porn Valley, you have now been given a very brief education on the judicial system, AVN, since you obviously don’t know it feel free to “borrow from me” but at least have the decency to credit me when you do…..