A Pennsylvania federal judge was wrong to strike down federal obscenity laws as unconstitutional, the 3rd Circuit has ruled, because he improperly reasoned that a recent gay rights decision from the U.S. Supreme Court now shows that the laws violate fundamental rights to privacy. Instead, the circuit said, the lower court should have left it up to the justices to decide if their recent decisions concerning individual privacy rights in the bedroom undermine the Court's obscenity rulings.
3rd Circuit Reinstates Federal Obscenity Laws
The Legal Intelligencer
December 12, 2005