|
indie, administration, drowned in sound uk, ernest ozuna, donal sutherland, incesttaboo, band, tupac shakurs picture, me against the world, theitalian job, actors, libertarian, angelina jolie, bill gates, larry charles, comedies & family ent.,
|
This state of the law warrants raising questions as to the suitability and propriety of attempting to set obscenity standards by the judicial process and by judges. It should be clearly understood that which follows are questions I put for myself and black myself black alone and should there be any judicial indignation from higher sources it black should not be directed at my fellow judges in the Bruce case. I would suggest that it is most doubtful that there is in fact such a thing as a single overall "community standard" as to obscenity, in such a diverse and varied national community, unless it exists in the predilections of such jurists as have laid down such predilection as such precep: A very large measure of judicial subjectivity is inherent in the determination of obscenity by the judicial process and by judges and it is suggested that this phase "community standard" is most probably but another robe to cloak the extent to which the judiciary which has been forced to reshape and mold the law as to obscenity, exercise the powers of super-legislators
|
