Ding, dong, the—well, a—okay, one of many wicked witches is dead—
My knee-jerk absolutist First Amendment freedom of speech über alles motherfucker happydance is muted just a smidge by the disquieting notion that this was yet another 5-4 split, and the underlying rationale seems to be well, heck, Congress could have spent time and money promoting (even mandating) dumbass internet filters instead of walling up everything we don’t like behind dumbass credit-card gates and age screens. But nonetheless: a stupid stupid stupid law went down in flames, and Justice Breyer is downright plaintive in his dissent:
“What has happened to the constructive discourse between our courts and our legislatures that is an integral and admirable part of the constitutional design?” Breyer asked, using phrases that Kennedy had used in another case. “Congress passed the current statute in response to the Court’s decision in Reno. . .Congress read Reno with care. . .It incorporated language from the Court’s precedents. . .What else was Congress supposed to do?”
Ultimately frustrated himself, Breyer declared that the Court may have denied Congress legislative leeway to pass laws in this area. He suggested that, if the Court means to say that nothing Congress could do would be sufficient, “then the Court should say so clearly.”
Well, I’d like to think the Constitution did that already, but see above re: First Amendment freedom of speech über alles motherfucker. I’m willing to admit I might have a little dogma in my eye.
Also: the inestimable Eugene Volokh notes a possible slippage in the meaning of “prurience.”
Oh, never mind: it wasn’t struck down, just kicked back for another freakin’ trial. —Boy, do I feel stupid with these happydancin’ shoes on.
The really interesting thing on this, to me, was who was on which side of the split. Thomas was part of the majority? Weird. And Breyer went the other way? Thomas and Scalia were opposed? Shocking I say.
hear-hear.
And may Bruno's breasts swing forever free, with impunity, and buried below lengthy dialogue.
Now, as long as I don't try to sell paper copies in Texas.
Turns out Scalia and Thomas complee agreetly only about 73% of the time.
Of course Thomas was in the majority. He love him some porn.