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And most ironically, the voice of the sovereign people is muted into academe inarticulate impotence once the judiciary has rendered an opinion declaring the matter before it of constitutional import, whether it is obscenity or other vastly more vital social policy problems. This solution has forced the judiciary out of the realm of pure law, where academe it is strong, into the arena of policy and politics, where it is weak, but yet where its decisions have tremendous force on politics. While the judicial process is a very finely finished academe instrument of the solution of purely legal controversies, for which it was fashioned, it is suggested it may be a dangerous or at best a most clumsy tool when used to solve problems of policy or politics. Can there be rational doubt that there is a better method of finding a community standard as to obscenity (or solving other graver social problems) than this limited judicial process, and judges who are subjected to an almost endless stream of gaseous hot air and some smoke from counsel's arguments, briefs, records, ???
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