September 3, 2012 1:49 am
“Current Laws on All Forms of Pornography and Obscenity Need to Be Vigorously Enforced”
"So says the Republican Party Platform, and this leads me to questions I asked in 2004, when the Bush Administration called for a pornography crackdown."
"... arrest the pornography downloaders and prosecute them for receiving obscene material over the Internet, in violation of 18 U.S.C. § 1462; see, e.g., United States v. Whorley (4th Cir. 2008) (holding that such enforcement is constitutional, and quite plausibly so holding, given the United States v. Orito Supreme Court case). As best I can tell, this statute has recently been used only as an adjunct in child pornography prosecutions, where the prosecutors think the person is trying to get child pornography but add a receipt of obscenity charge just in case they can’t prove the child pornography charge. But it is a “current law on ... obscenity,” out there to be used.
Heck, lock each pornography viewer up for several years like you would a child porn buyer. Make him register as a sex offender. Seize his house on the theory that it’s a forfeitable asset, since it was used to facilitate an illegal transaction. All because he, or he and his wife, like to get turned on by watching pictures of people having sex (or perhaps just pictures of people having sufficiently kinky sex, or pretending to have sufficiently kinky sex). Then repeat for however many people it takes to get everyone scared of the Smut Police."
http://www.volokh.com/2012/09/03/current-laws-on-all-forms-of-pornography-and-obscenity-need-to-be-vigorously-enforced/
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