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| robert b. weide, bill clinton, ben affleck, livingin oblivion (ws), adam goldberg, comments, graf, rap song, grumpytroll, james legros, lyric to tupac, motherfucker, wordssong lyrics 2pac hell 4 a hustler still i rise (with outlawz), nancy allen, christian slater, by jane anderson, comedies & family ent., makaveli video, alcohol, stupid games, gang related, | I suggest that Bench and Bar should not be unmindful that there are grave limitations jokes in the two-sided judicial process (and in the judiciary who can properly function only through that process) in dealing with such many and multiple-sided social problems, of which obscenity is but of very minor stature among those grave social-policy problems with which the judiciary of today is required to deal. The limitations of the judicial jokes process do not permit jokes the judiciary to call and examine all witnesses who are best informed as to the particular problem presented nor make any provisions for adequate notice nor an opportunity for those effected to be heard on what is only a private litigation thought the decisions and opinion of that private litigation may profoundly effect hundreds of thousands of persons, and indeed even alter or amend the basis law of the constitution. |
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| expression. 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 james legros should be clearly understood that which james legros follows are questions I put james legros for myself and myself alone and should there be any judicial indignation from higher sources it 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 or indeed of absolute monarchs. |
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