Federal Judge On Obscenity Case Posted Porn Images On His Web Server

from the is-that-good-or-bad? dept

A lot of attention is suddenly getting turned on judge Alex Kozinski, the 9th Circuit chief judge, who (while in the middle of a trial about obscenity) was discovered to have posted pornographic images to his web server in a way in which they were accessible to the public. He didn't post them to a specific page or anything. It's just that he put them in an unprotected directory, and if you knew where to look, you could find them. Basically, it looks like he was just using the directory for personal storage, not realizing that it was publicly accessible, though, at one point he appears to claim he uploaded the images by accident. Some of the images were... extreme. Judge Kozinski described them as "funny" and "I think it's odd and interesting. It's part of life."

Some are saying that he should recuse himself from the obscenity trial, noting that he's no longer objective. However, considering that obscenity is supposed to be based on local standards, that doesn't seem right. If even the judge finds those types of images "funny" or "interesting" and "a part of life," then perhaps that's making it pretty clear that they're not obscene. Saying he needs to recuse himself seems to be presupposing that the images are obscene, which doesn't seem quite right. Rather than being used as a way to tar the judge, doesn't this just raise questions about obscenity laws in the first place?
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Filed Under: alex kozinski, judges, obscenity

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  1. identicon
    Remains Anonymous, 28 Mar 2009 @ 12:32am

    Shame On The Judge!

    Federal Judge Kozinski should be relieved as judge on the obscenity case as he is tainted by pornography. The plaintiff should request the case be moved to a judge that can hear the case fairly, without personal opinions. The fact that this judge has expressed his personal opinion about the pornography images shows he cannot judge the case fairly. A case is ruled on evidence, not opinions. Look up the meaning of obscenity in your dictionary. Also, obscenity is NOT protected under the First Amendment Rights. Whether coming down on the pornography industry with all its greed and billions of dollars made over obscenity... is enforced, eventually it will happen, no matter what the mass extent of it that exists currently. Two wrongs doesn't make a right! Slavery was at one point in history considered okay, but the laws changed... and now slavery is considered illegal. Pornography is inhumane and victimized the performers in the worse ways, just like slavery was!

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