> Sigh. You can rely on John Mage for legal pronouncement -- John's a
> distinguished attorney. Shane should check with his brother before
> holding forth on the law.
Thanks for Jurisconsult status, but on this question venerable eldest brother has far better authority than any I could give. The view that all "obscenity" prosecutions are barred tout court by the language of the First Amendment was asserted by Justices Black and Douglas (pretty good judges as judges go) in every single Supreme Court obscenity case for decades.
For a quick non-technical view of this history (with a pessamistic view of what is likely to happen today were obscenity prosecutions to resume) see "Movie Day at the Supreme Court or "I Know It When I See It": A History of the Definition of Obscenity" <http://library.findlaw.com/2003/May/15/132747.html>
john mage