I posted this back on 2/25 on an email list I am on. Thought it should be here:

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“They who would give up an essential liberty for temporary security, deserve neither liberty or security.”–Benjamin Franklin

This is for those of you who are “Americans”. In other words you value freedom and liberty from external edict over anything else and you are clear that to impose your world-view on your fellow citizen is a fundamental affront to that liberty. It is in your blood.

And regardless of how you experience that or how high of a value it is for you, you are affected by the events below.

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The current Justice administration has stated that aside from the War on Terror, stopping the distribution of “extreme pornography” is one of their highest priorities. Hmmm. Extreme to who? By what standard? Which is the very crux of the problem with obscenity laws–it is unclear by what standard.

The first act of the Gonzales Justice Dept. was to reinstate an obscenity case that had recently been dismissed by a Federal judge. You can see the brief here:

http://tinyurl.com/4og5z

If you are unfamiliar with the details, the Feds are trying to prosecute Extreme Associates [its husband and wife executive team] for distributing pornography in violation of obscenity laws [they mailed it to Pennsylvania] via the interstate commerce provisions in Title 18.

What this means is that some person in Pennsylvania went [and can go] on the web and made a legal purchase to enjoy in the comfort of their own home and the company who makes a _legal product_ is being [and will be] prosecuted.

You can download the actual filing in PDF here.

While dismissing the case, U.S. District Judge Gary Lancaster of western Pennsylvania ruled in January that “the government can no longer rely on the advancement of a moral code, i.e., preventing consenting adults from entertaining lewd and lascivious thoughts as a legitimate, let alone a compelling, state interest.”

No shit. Exactly. And it never should have been a legitimate state interest. Not in a free society. And this is a judge from Pennsylvania where the product was purchased–locale is an important factor in obscenity laws.

Gonzales has stated he wants to protect the children from this kind of product [he has two small boys and feels it is too easy to get these products]. He also has made the assertion that pornography is not protected under the 1st amendment. Unfortunately, from what I have heard from good constitutional sources who are basically libertarians and do not support govt legislating morality, he is right. It was only intended to protect political speech. It of course has been widely interpreted to protect all forms of speech and expression regardless of others’ discomfort. Lets keep it that way.

Let’s protect the children from the real danger–having the State tell them what they can and can not view or experience or purchase in a consensual context where all parties are consenting adults in consensual acts. Of course, that is not desiring security over liberty. That is just plain liberty. And me using their own frame against them–the only way to debate someone who invokes “protecting the children” and not look like a heartless asshole.

Irrespective of the fact that I think Extreme Associates produces a pretty good product–not the best, but damn good–in their genre, if The Feds succeed in this case it will have sweeping ramifications in all matters of web commerce, personal freedoms, and consensual acts. Do not underestimate how pivotal this case is.

While some people make adult films of acts I would not want to participate in, and do not support, it would be ludicrous of me to assert that someone should not be able to make and sell that legal product to another person who enjoys it–provided the acts recorded are also consensual. I do not want to be paying my representatives [the Bush Admin is currently representing you, me, us, like it or not] to do so. It is a waste of resources and an affront to freedom across the board. Let’s send a message to Bushco to spend their “political capital” where it can actually make a difference.

The Founding fathers may well be rolling over in their graves if they saw what we indulge in. However, they are spinning and moaning in their graves with respect to the federalization and centralization that has been slowly and consistently advancing [and which is now accelerating] in this Country.

True liberty is not an idea whose time has passed. It is an idea whose time has not yet come, apparently. We vote yearly to decrease our freedoms. Stop the progressive deterioration. Let’s do it now.

April 16th, 2005 | Liberty, Politics

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