Community | July 15, 2010 | 73 comments

Obama Adminstration's Ridiculous Pornography Trial Violates Constitution & Individual Rights

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shanklinmike
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The federal trial of pornographer John Stagliano began last week. Libertarian National Committee Chairman Mark Hinkle issued the following statement today:

"The Obama Administration's prosecution of John Stagliano is a travesty.

"As Reason magazine's Richard Abowitz wrote, 'The case against Stagliano concerns the selling of movies performed by consenting adults to entertain adult DVD viewers who have chosen to watch these films. In a free and open society this is exactly the kind of prosecution that should not happen.'

"Many Americans find it far more obscene that Democrats and Republicans are piling trillions of dollars of debt on our children and grandchildren, in order to further the creation and expansion of bad federal programs. The president should be worrying more about these problems, and less about prosecuting and censoring Mr. Stagliano.

"Different people will have different opinions about how valuable or harmful Mr. Stagliano's products are. Fortunately, no one is forced to watch them.

"Federal anti-obscenity laws are unconstitutional in two ways. First, because the Constitution does not grant Congress any power to regulate or criminalize obscenity. And second, because the First Amendment guarantees the right of free speech.

"In addition, there appear to be serious irregularities in the judge's conduct of the trial. He is reportedly refusing to allow the defense to call expert witnesses; refusing to allow the jurors to see the entirety of the films, even though that is necessary to apply the legal tests required by earlier Supreme Court rulings; and refusing to allow the press to see evidence or the questionnaires that were used in jury selection.

"It is worth noting that this case was not initiated by citizen complaints. FBI agents just purchased the materials, watched them, and then brought charges. It's clear that the FBI budget needs to be cut.

"Apparently President Obama's Justice Department is no different than former President Bush's when it comes to prosecuting speech. Obama has sustained the 'Obscene Prosecution Task Force,' which was created by the Bush Administration in 2005."

The Libertarian Party's platform states, "We support full freedom of expression and oppose government censorship, regulation or control of communications media and technology."

Disclosure: John Stagliano has been a donor to the Libertarian National Committee.

For more information, or to arrange an interview, call LP Executive Director Wes Benedict at 202-333-0008 ext. 222.

The LP is America's third-largest political party, founded in 1971. The Libertarian Party stands for free markets and civil liberties. You can find more information on the Libertarian Party at our website.

http://www.lp.org/news/press-releases/ridiculous-pornography-trial-violates-cons...
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73 comments // Obama Adminstration's Ridiculous Pornography Trial Violates Constitution & Individual Rights

  • Brandon_Broze
  • Brandon_Broze
  • Brandon_Broze
    • 0
      Brandon_Broze  
    • Did the prosecution in this case ever even reference exactly WHAT LAW, by name or number, this case falls under? That's what I don't get. When you prosecute someone, aren't you supposed to at least make it somewhat obvious to the relevant parties involved and/or the jury where you got the authority to do it???

      Or, as I suspect, did overzealous prosecutors who hate porn and "obscenity" just decide to go after Stagliano because he was an "easy" target, as opposed to Hugh Hefner or Larry Flynt, and to give other pornographers "a warning"?

    • 1 year ago
  • Brandon_Broze
    • 0
      Brandon_Broze  
    • And besides, what the hell are "community" standards anyway? Are we REALLY to believe that every community in this country is SOO monolithic that everyone shares the same views on EVERY fucking issue?? The idea of "community" standards is disgusting. It's democracy, tyranny of the oftentimes ignorant majority. We live in a REPUBLIC.

      Who determines what "community standards" are anyhow? The local gov't? Church leaders?? It's just another bullshit self-righteous term from the right-wing moralists, just like "pro-family" or "family values."

    • 1 year ago
  • Brandon_Broze
    • 0
      Brandon_Broze  
    • The Miller test is total bullshit. The Supreme Court got that all wrong. There's no one way to say "This is obscene"! It depends on the person watching, viewing, or reading it.

      Stagliano's victory is another victory for free expression and the First Amendment everywhere. OF COURSE porn is free speech. If video games, print and tv media, tv shows, and movies are protected within a certain scope, why not porn also? Porn is just another type of media.

    • 1 year ago
  • Brandon_Broze
    • 0
      Brandon_Broze  
    • Obscenity is in the eye of the beholder. There's no such thing as objective obscenity. Everyone has different standards. For example, I have no problem with porn. If people wanna watch, fine! If you don't like it, don't watch! Don't bitch about it. I'm so tired of people on both sides of the aisle trying to force THEIR morality or standards down our throats, CONSTANTLY.

    • 1 year ago
  • Dena_Leichnitz
    • -1
      Dena_Leichnitz  
    • And right there is why the Libertarian Party is nothing more a joke>. Let's protect porn and pot because we are bunch of degenerates who need them! Nothing more than Democrats Gone Wild in my book.

    • 1 year ago
  • Brandon_Broze
    • 0
      Brandon_Broze  
    • Dena_Leichnitz:

      Come on, Dena. You should know better than that. You don't HAVE to be involved with things like porn and pot to at least understand that people should have the FREEDOM to engage in certain consensual acts or use these substances. What is it to you that the LP defends people's right to make sexually explicit material for PEOPLE WHO WANT IT (those who don't don't have to watch it and can refuse to buy it)? Do you NOT believe in freedom for "degenerates"? What is true freedom if not to prevent the gov't from violating civil liberties on things a lot of people find "offensive" or "libertine"?? THAT'S EXACTLY WHY WE HAVE GOV'T and the Constitution (or at least that's the idea).

      Get real.

    • 1 year ago
  • Brandon_Broze
    • 0
      Brandon_Broze  
    • Dena_Leichnitz:

      "Democrats Gone Wild"?? Nice try, maam. The Libertarian Party and libertarians in general HATE the Democrats just as much as the GOP. We find both parties stifling and disgusting in general. Both are incredibly corrupt and promote their own versions of bigger gov't and vastly more spending. The LP is anything but "Democrats Gone Wild."

      Sure, we agree with both parties on certain issues, but we also heavily disagree with them on many others.

    • 1 year ago
  • Almibry
    • 0
      Almibry  
    • Sounds like crap to me. If it happened to be internet porn they were talking about, I might think they could make a case because all you have to do to find porn on the internet is spell something wrong when running a search engine, and sometimes you don't even need to do that much.

    • 1 year ago
  • SuperGayJesus
  • unimatrix0
  • DeliaTheArtist
  • ToddSurfs
  • mitekillem
    • +3
      mitekillem  
    • HURRAY LIBERTARIANS!!!! - You've once again proved the Obama Administration is evil. Because they're prosecuting someone who distributes porn in such a way that it's easy for minors to see. [sarcasm]

      In the long run, it is about censorship. Do you want your children being able to obtain porn. I'm sorry, let me use your language, "Are you going to deny your children freedom to roam the internet as they please?"

      The answer is Yes. But it is not government's job to regulate the internet. It is up to your parents to keep close observation on their children's activities. There's lots of software to help with this. Also, you can set up Internet Explorer so that you have to enter a password before going to any site.
      God forbid you censor your own children. I mean, do you really need to government to watch your children for you? Why not take it a step further, and have the government raise them too.

      Stupid, lazy people make the government bigger.
      We need our government to focus on bigger, more important issues. Not this BS.
      Use Common Sense...please.

    • 1 year ago
  • shanklinmike
    • 0
      shanklinmike  
    • When will people realize that mounts of bureaucracy is the only way an obstrusive government that does NOT have constitutional authority to censor, can censor.... like this isn't about censorship, give me a break. Everything this Bush/Obama "Obscene Prosecution Task Force" tries to do is silence and harm pornography filmers. If people say this is not about censorship, they are obviously blind to the bigger fight going on.

    • 1 year ago
  • ScottyT
  • unimatrix0
    • +1
      unimatrix0  
    • The trial is not about censorship, it is about a businessman violating interstate commerce laws.

      This post is yet another lame attempt by libertarian wing nuts to try to justify their ridiculous claim that Obama and Bush, Democrats and Republicans, are really the same.

      The post is deceptive and dishonest.

    • 1 year ago
  • Stoneyroad
    • 0
      Stoneyroad  
    • unimatrix0:

      exactly, shanklin at least changeged his original pic with article.
      it was about the bailout.

      deception , lies , half truths & omission. the current Libertaran way.
      we gotta keep an eye this guy

    • 1 year ago
  • shanklinmike
    • +1
      shanklinmike  
    • Stoneyroad:

      I'm a liar because I changed the picture from the actual article to something more appropriate? Deception?

      What is TRULY deception is leading people into the false belief that status quo politicians like Obama & Bush are different, when they are doing many of the same things! You are the deceiver, I bring the truth. At least you guys are arguing the actual topic this time instead of attacking libertarians for "being stupid".

    • 1 year ago
  • ScottyT
  • ArchDruid
  • shanklinmike
    • -1
      shanklinmike  
    • ArchDruid:

      Obviously defending innocent people from insane laws that aim to censor is not one of your principles....move along neocon republicans..... you're days of controlling our personal habits are coming to an end!

    • 1 year ago
  • ArchDruid
  • shanklinmike
    • 0
      shanklinmike  
    • ArchDruid:

      Well you're defending neocon policies. I will read the article to you later after I get done with my conference. Is it really that hard to see what this Obscene Prosecution Task Force has been doing for a half a decade?!?

      I want change, not people who use this government program to make life harder on porn film men. You can side with the status quo tyrants all day, that does not mean that this is right. They should not be trying to pull this guy down. Did you know the average American breaks 3 felonies a day on average? That means if the government wanted to come after us for the littlest thing, they could imprison you and your family for years...if they want to try to censor you. As long as you keep this false dichotomy in your mind, you will never see the attempts at censorship on this man that have been occurring for decades! OH NO, he didn't document his workers!!!! haha, what a joke...this is a witch hunt!

    • 1 year ago
  • EvilDoer
    • 0
      EvilDoer  
    • What a waste of time & money. Get rid of the 'Obscene Prosecution Task Force,' which was created by the Bush Administration in 2005."

    • 1 year ago
  • shanklinmike
  • Stoneyroad
  • shanklinmike
    • 0
      shanklinmike  
    • Stoneyroad:

      You don't see the government trying to prosecute a man for not having records from 15 years ago? You must know that the right has for years been attacking personal choice and they are looking for reasons to screw this entrepreneur. Why do we need these bureaucracies? If it wasn't for this drain of taxes, big brother program, this guy wouldn't even be in this mess.

      It's as if the Administration went through more trouble trying to continue Bush's policy than end this assault on personal freedom. All of this is a form of middleman extortion and control. He did nothing wrong and should be sent free. All of this, victimless crimes, the same sorts of laws that make marijuana illegal.

      but no, you keep on defending these controllers....

    • 1 year ago
  • Guyatthebusstation
  • Stoneyroad
    • +2
      Stoneyroad  
    • shanklinmike:

      i ask yet again . . .
      censorship ? Rights violated ? can you back up your headline.

      before you answer know this...
      pornographers do not have a constitutional right to not keep records.

      as everyone can see i have not defended anybodys actions, like you claim
      i just pointed out your bogus claim that this Libertarian pornographer was censored in anyway. and no constitutional rights have been violated.

    • 1 year ago
  • shanklinmike
    • 0
      shanklinmike  
    • Stoneyroad:

      Oh that's right, you're a Commerce Clause usurper and anti-10th amendment advocate.

      Answer this, where in the Constitution does it give the Federal Government the right to prohibit his actions and use force on him when he has not infringed on another person? No victim, no crime. This is against individual rights and the Constitution does not allow the Federal government to regulate in this manner.

      Once again, just more of the same....

    • 1 year ago
  • unimatrix0
    • 0
      unimatrix0  
    • shanklinmike:

      The fact that you can not answer Stoneyroad's question speaks loudly. Why the constant deception? Posting stories that are not news in the news group, misleading and false headlines, all this simply makes you and your cause appear dishonest and deceptive.

      Before I ran across your posts on Current I was fairly neutral about libertarianism, and I consider myself a social libertarian. But your constant stream of propaganda and non-news, along with the attending gang of sock puppets, has turned me off to the libertarian party and made me highly suspicious of anyone who upholds libertarianism.

      Your tactics defeat your cause. I urge you to reconsider your methods and strategy.

    • 1 year ago
  • Stoneyroad
    • +6
      Stoneyroad  
    • Obama trial against ? ?

      This guy was indicted APRIL 8TH 2008.

      and the charges are for - interstate commerce - violations regarding his porn business. NOT THE PORN ITSELF - As this story leads you to believe

      - except for the one "count of using an interactive computer service to display an obscene movie trailer in a manner available to a person under 18 years of age"

      a Libertarin pornographer gets arrested under the Bush administration, yet Shanklinmike blames Obama for violating constitutional rights.

      if he is found guilty in his fair trial & losses apeal & is unable to file a false prosecution claim, you can wait for president Ron Paul to start handing out pardons.

    • 1 year ago
  • Stoneyroad
  • shanklinmike
  • ScottyT
  • artemis6
  • Kristena
  • ezrierin
    • +2
      ezrierin  
    • I would like to know why they are charging this guy? If it is just because he makes porn, put on the prosecution breaks. Censorship is evil.

    • 1 year ago
  • Stoneyroad
  • ScottyT
  • YakovFox
  • shanklinmike
    • -1
      shanklinmike  
    • From the article...

      "Obama has sustained the 'Obscene Prosecution Task Force,' which was created by the Bush Administration in 2005.""

      Just more and more big government statism.... when will people realize government is nothing but threats of violence? Why can't people leave each other alone?

    • 1 year ago
  • UtopianSky
    • +1
      UtopianSky  
    • shanklinmike:

      And want does "sustained" mean?

      It does not necessarily mean "actively supported and endorsed".

      It could just mean "is still here because no one paid any attention to it to get rid of it."

      Blaming Obama for this is ludicrous.

      It's like blaming Obama for "drill baby drill" in the Gulf.

    • 1 year ago
  • shanklinmike
    • 0
      shanklinmike  
    • UtopianSky:

      No, the Keynesians already pushed drilling into deep waterss (which led to the unsafe drilling and oil spill). That is not an opinion, that is a fact. The government helped create the problem by making short water drilling illegal. Ironic enough, had the government stayed out of this and had not backed up BP with strict liability limits (a form of a bailout), none of this oil spill would of occurred. Besides, the oil spill happened under statism, not capitalism. What this is is corporate socialism, not laissez-faire economics.

      Is it my fault that Obama has not worked on ending this program? I know if I was President and I had been in office for 18 months, I would of ended this insane Bush program long ago....but it makes the government and the Obama Admin. lots of power and money through tax extortion so they will never help you and your Freedoms.

      The blame lies on both Bush AND Obama, one for starting the program, the other for "sustaining" it. We don't need a Obscene Prosecution Task Force and how dare anybody give any of these corrupt politicians any credence for not doing what's right.

    • 1 year ago
  • DeliaTheArtist
  • 02
  • Stoneyroad
  • DeliaTheArtist
  • DeliaTheArtist
  • blbi11
    • +4
      blbi11  
    • What is the government doing? I fail to see a crime here. It isn't as if it is a question of the age of actors; this is just an attempt to stick the Justice Department somewhere where it does not belong nor is wanted.

    • 1 year ago
  • Stoneyroad
  • ScottyT
  • libertyforall
  • UtopianSky
  • toyotabedzrock
  • shanklinmike
    • 0
      shanklinmike  
    • toyotabedzrock:

      As the article states....

      What does that have to do with the fact Obama continued it? Bush and Obama are both horrible, what does that have to do with defending Freedom?

      Are you going to blame Bush for everything? I blame him the most so far, but Obama is just doing the same old political game...

    • 1 year ago
  • Stoneyroad
  • bullpcp
  • ibrake4rappers13
  • toyotabedzrock
  • shanklinmike
    • +6
      shanklinmike  
    • ibrake4rappers13:

      Oh, so you believe in the false left/right paradigm?!? As if one party cares about freedom more.

      Why do you want the corrupt government giving you your morals anyways?

      If everyone just followed natural law and left each other alone, this world wouldn't have most of the problems it currently experiences...

      The republicrats are both horrible, and I don't want government legislating morality anyways.

    • 1 year ago
  • libertyforall
  • ibrake4rappers13
    • -4
      ibrake4rappers13  
    • shanklinmike:

      Your so stuck on wanting to be libertarian that you ignore the commons sense solutions that the parties may have.

      I agree that both parties are guilty of adding to the governments corruption.

      And im not talking about legislating morality, but our leaders needs to have morals standards that can guide them toward making the right policy decisions

    • 1 year ago
  • zHellas
  • 02
    • +3
      02  
    • ibrake4rappers13:

      Politics in this country is about dishing funds to the continually funded - who pay for the whole charade. Morals does not play for them - all are lies.

      Any politicians talking morals is lying, politicians not talking morals are not lying about morals.

      Anyone thinking anyone in politics have common concerns or moral judgments that weigh publicly has allowed themselves to be fooled.

      You're hoping to hear a truth in a room full of liars.

      They all know and you are the only one fooled.

    • 1 year ago
  • UtopianSky
    • +4
      UtopianSky  
    • ibrake4rappers13:

      You do know what a hypocrite is, don't you?

      If someone states porn is evil, and they are caught watching porn, they are a hypocrite.

      If someone says porn is just another entertainment genre, and they are caught watching porn, they are not a hypocrite.

      In that cartoon, the republican elephant is guilty of setting his bar so high that not even he can reach it.

    • 1 year ago
  • CalPal
    • +1
      CalPal  
    • ibrake4rappers13:

      And just whose 'moral standards' are we talking about? The very term itself is vague, and one's morality isn't always going to be utilitarianism, or even for the benefit of the leader's voters.

      Besides, morality does not always have to function based on common sense, or for the betterment of humans, animals or Earth. That can be seen time after time throughout history...

    • 1 year ago
  • artemis6
  • Almibry
  • Brandon_Broze
    • 0
      Brandon_Broze  
    • ibrake4rappers13:

      The two-party system is ethically bankrupt. It's time for Americans to start thinking outside the box for a change. If the tea partiers just vote for another total Republican majority and get it this November, rather than at least a FEW Indies and 3rd party Congressmen, I'll have lost all faith in humanity. Do they REALLY wanna replace Obama with the same bullshit party they voted out just 4 years ago for screwing up??

    • 1 year ago
  • CalgarC
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