[Eugene Volokh, July 31, 2009 at 1:51pm] Trackbacks
Where To Prosecute Interstate Obscenity Distribution?
That's a very important question in obscenity law, given both the realities that different juries apply vague terms differently, and the specific legal mandate to apply "contemporary community standards." It's well-settled that it's constitutionally permissible to prosecute someone who sends alleged obscenity from New Jersey to Montana in either place. But it appears that the Obama Administration is exercising its prosecutorial discretion to shift more to prosecutions in the sender's location rather than the recipient's, at least when the mailing was part of a deliberate sting and the recipient was a government agent. Josh Gerstein (Politico) has more.