Good Job mike, the story seems to have appeared on all the porn sites at about the same time but only you actually have any useful information, the rest just seem to think that this gives Rob a free walk. I’m glad to see someone in porn actually has some intelligence.
Well I gotta defer to Bob on that one because he has done an outstanding job of covering what will likely happen next. Rob is FAR from out of the woods.
Bob Writes More:
I read the AP report on the Pittsburgh Post-Gazette site.
The feds didn’t have much to say, other than that they were still reading the 45-page opinion. It’s not available online.
I looked up Judge Lancaster, and he does seem to get reversed.
In this case, Sirkin apparently used Scalia’s language from one of the gay rulings — I think it was the ruling last year striking down anti-sodomy laws in Texas.
Scalia was outraged by the lead opinion, and in essence said: “Hey, if this is legal, so is bigamy, group marriage, incest, and sex with animals.”
What Sirkin apparently did is pretty smart: He took Scalia at his word and told Judge Lancaster: Don’t believe me. I’m just agreein’ with the big guy in D.C. It’s all legal.
According to the AP, Judge Lancaster bought it and really did write that obscenity laws are unconstitutional.
I can’t believe the Feds won’t appeal this. For one, it does not strike me as correct that all obscenity laws are unconstitutional — just because two consenting guys or gals can do what they want in the privacy of their home to each other shouldn’t necessarily mean that there aren’t limits to what people can do to one another in a commercial venture.
For another, the Supremes have always held that some things are just plain obscene. I find it hard to believe that there’s a majority of judges who are going to say anything and everything goes.
Finally, the Bushies have to appeal to show their base that they meant business. What the lawyers I work for have always told me is that appeals are cheap. To just pack up and go home without appealing seems like they’re sending the message that they just don’t care now that the election is over. Geez, they’ve whacked the snot out of CBS over Janet Jackson’s breast. They’re gonna give Rob Black a free ride?
But you never know. Bush made a big stink over the gay marriage amendment prior to the election. Then afterwards said, well, hey, there’s really not much support for it. Then had to back track and say: oh, baby I’m all for it; we just need someone to lead the way and I’m there.
What’s Next For Extreme?:
I was researching and writing this when Bob sent me the perfect examination, this is it:
Now, this is interesting. But don’t think it’s the end of the story. It just lays the groundwork for the next round, and may hasten the inevitable.
What’s the inevitable? The U.S. Supreme Court taking a second look at Miller, the ruling that basically said, we don’t know how to define obscenity, but if it offends the sensibilities of your community, it probably is. Miller is the reason you can’t buy a Playboy in a 7/11 in Cincinnatti, but you can watch a woman take a leak on video in Times Square.
So, without having read the opinion, and with only Mike’s three or four sentence description to go on ( meaning, I may be full of crap), here’s what’s likely to happen next.
The Justice Department could try to strike a plea bargain with Rob, but that’s not likely. I don’t believe Sirkin would do it unless it involves the Feds paying Black money and saying their sorry while watching every volume of Cocktales.
What’s more likely, is that Justice will appeal to one of the federal courts of appeals in Pennsylvania. They’ll either tell the judge in question that he’s wrong, that community standards are for a jury to decide, and send it back for trial.
Or, they’ll agree with the judge, in which case the Feds will appeal again to the Supreme Court. And, the Supremes will hear it, since they’ve taken on other porn cases lately related to child porn and the Internet, and because Miller is such a mess.
The hasten part. If this had gone to trial, it would have been a good three to five years before the Supreme Court heard the case. Now, depending on how a federal appeals court rules, they could hear it next fall.
Win or lose, this case was headed for the Supreme Court all along. Governments, community members, and the pornography industry have a right to know what’s inbounds and what’s out of bounds.
Rob Black is the perfect case for both sides because he was so obviously out of bounds. Win or lose, one side was going to appeal this thing.
For both sides, the watchphrase might be: “be careful what you ask for, you just might get it.”
The pornography industry could lose in front of the Supremes. They might once and for all set a standard for what crosses the line. That could be a win for Vivid but a loss for others.
The Justice Department could also lose in front of the Supremes. In that case, all bets are off. Short of snuff films, there wouldn’t be much you couldn’t do on film since Black seemed to do it all.
It could be interesting to watch.
Indeed it will be and there will be a lot of talk about this on the blogs over the next few days…probably even make the national media.
The Surprise In The Extreme Case:
Is the Judge, Here’s what I have found on him so far:
he was nominated to the senate for confirmation as US District judge by President Clinton in November of 1993
Gary L. Lancaster
United States District Court for the
Western District of Pennsylvania
Born: Brownsville, Pennsylvania-August 14, 1949.
Education: Slippery Rock State College (B.S. 1971); University of Pittsburgh School of Law (J.D. 1974).
Judge Gary L. Lancaster was appointed to the United States District Court for the Western District of Pennsylvania by President Clinton on November 20, 1993.
Judge Lancaster was raised in Brownsville, Pennsylvania where the value of hard work, self-discipline and self-confidence was instilled in him by his parents. His father managed a state-owned liquor store. His mother was a bank teller who returned to college after retirement and received her bachelor’s degree at the age of 72.
Judge Lancaster decided to become a lawyer because of the civil rights movement. He states:
Although Martin Luther King was inspirational, Thurgood Marshall won Brown v. Board of Education. I thought that a career in law would afford me the best opportunity to effect social change.
Judge Lancaster began his professional career by serving as regional counsel for the Pennsylvania Human Relations Commission and as an Assistant District Attorney for Allegheny County, Pennsylvania. In 1978, he entered private practice specializing in criminal and civil litigation. He was appointed as a United States Magistrate Judge and took the oath of office on October 23, 1987. He was appointed to the district court in 1993.
Judge Lancaster currently serves on the Board of Directors of the Slippery Rock University Foundation and is a member of various civic, religious and charitable groups. He is also the author of several law-related articles and other published works.
Judge Lancaster considers being a judge “the best of all worlds,” a place where he can combine “the intellectual aspect of law as a philosophy, the drama in the courtroom, and the interaction with real people with real stories.”
Just In Breaking News Federal Judge Dismisses All Charges Against Extreme Assocites:
Word I am getting is that all ten counts were dropped by a federal judge who declared obscenity laws unconstitutional. Everyone is shocked. This is a surprizing move and a testiment to Lou Sirkins amazing skill.
More Evidence That Kurt “Twinky” Lockwood is Really Gay?:
The tranny hookers, and porn trannys who escort are all ablather about a former client and his ex wife. That client…non other than Kurt Lockwood. Hey Kurt it isn’t a “chick with a dick” it IS a “dude with tits” But I think you know that already dontcha Twinky?
Kurt Lockwood Jealous?:
Apparently Kurt made a real ass of himself yesterday at Jim Hollidays memorial service. Kurt tried to pick a fight with Wankus from KSEX. Wankus didn’t particularly feel like a memorial service was the proper backdrop for for whipping Kurts ass so he backed down and even apologized to the people who witnessed it.
Now here’s the rest of the story….Why do I think Wankus would have whipped Lockwoods as…shit thats easy Lockwood is one of these mysoginistic little fucks that seem to be popular in certain gay porn circles these days and as any good southern boy knows if he likes to beat up on chicks it’s just a sign of being a passive homosexual…that means a “bottom”. Now that doesn’t mean that gay guys beat up on women…they don’t but if you think I’m nuts here…ask any shrink.
You see Kurt recently had a thing for Tyler Faith, apparently Tyler’s affection for Kurts abuse was somewhat short lived and Kurt who desperatly needs someone who is a bigger pussy than he is to dominate so that he can still feel masculine, well it’s bugging him that Tyler is now banging Wankus (This is all pretty public knowledge BTW) apparently Wankus has a smaller dick but is way more of a man than Kurt and it’s makin Kurt crazy.
I think it’s really that Kurt is sweet on Wankus……
Goddes Writes Over on Her Site:
I saw this chick on the Jane Pauley show pimping a book called How To Get Married After 35. In my mind this getting married “after 35” crap is just a gimmick. The process for getting married AFTER 35 exactly the same as getting married BEFORE 35. You have to decide what you want in a person, you have to put yourself out there and meet them, get to know them and fall in love. Whoo hoo.
Mr. South writes: “OK first things first good to have you back.
Next enjoy it while it lasts cause New England is going to WHIP Pittsburg’s sorry asses, (Goddess is a Steelers fan) but you can always pull for Philly over the Falcons….That said futbol is still VERY GAY
OK next how to get married after 35…shit thats easy…get rich, turn into a nympho, buy a liquor store and a bass boat.
Assuming you dont wish to take that route…..fit into a size 5 or smaller dress without anything cept maybe your tits bulging. Have long hair, look younger and for Gods sake shut up about your fucking ex husband and your kids.
OK thats my public service announcement for the day…call me Mr Sensitive…I’m just trying to help.”
Gauddess Responds: LOL. Ok, the first part of that advice about getting married after 35 was hilarious. That fitting into a size 5 stuff was bullshit though. TOTAL BULLSHIT, man! Size 52 women of the world UNITE! (Preferably in a large, open air space…)
BUT if you notice, the “advice” (coughifyouwannacallitthatcough) South gave for getting a man after 35 IS the same. You still gotta be attractive and personable. Period.
Now ya see why I read it even though it’s a chicks blog.