Federal judge bars TABC from seizing porn

[gonzo]

Houston, TX

A federal judge has barred the Texas Alcoholic Beverage Commission from seizing material it deems obscene without getting a ruling from a judge, saying the practice violates the constitutional protection of free speech.

U.S. District Judge Gray Miller, ruling in a lawsuit by a distributor of adult materials, also struck down as unconstitutional the statute the TABC was enforcing in seizing magazines, videos and other materials.
The ruling late Monday marked the second time this year that the agency has been taken to task for overzealous enforcement.

Source: Houston Chronicle (http://www.chron.com/disp/story.mpl/metropolitan/4072189.html)

[Greg B]

That's a good thing right?

That's why I don't have a 'the sky is falling!' attitude with these new laws.

There are enough safeguards to prevent the witch hunt nonsense.

[Hammer]

Good news and once the FSC is done, a lot more will be kicked out as unconstitutional.

[Greg B]

I can agree with Hammer so it can't be all bad :)

In all my born days I haven't seen this much borderline and over the top Constitutional issue pressures and engagements.

Well actually I have back in the 60s and 70s when cops just out and out beat the hell out of people.

Thought those days were over but now they're being done so sneaky it's eerie.

Judges have to throw things out like that because if they don't they in turn will get a shake down by their peers.

Scary that the lower court judges are more ethical than the Supreme Court.

[Hammer]

The big issue for most webmasters is not whether the laws are constitutional or not, but whether they can afford to fight in court long enough to prove they are. Most will cop a plea and until a company gets popped for a violation of one of the ridiculous rules and ends up taking it to the Supreme Court, the laws will stand and the inspections will continue.