Check it out, another great response to the Kozinski affair by Dr. Marty Klein at Sexual Intelligence. Read on for a great excerpt:
A judge owns a car and drives it legally. Should she be allowed to preside over a trial that will determine if a car was used illegally?
A judge collects guns, even displays his collection on his website. Should he be allowed to preside over a trial that will decide if a gun was used illegally?
A judge belongs to a religion which believes that masturbation is a sin, using pornography is a form of infidelity, and sexual purity is the battleground between God and Satan. Should he be allowed to preside over a trial that will establish if something’s obscene?
Answers: Of course, of course, and of course — if we believe in the integrity of the judicial process.
So why can’t a judge who owns a porn collection preside over an obscenity trial?
Answer: Because when it comes to “obscenity,” the judicial system isn’t fair.
Obscenity is the only crime you can’t know in advance that you’re committing. Only a jury can decide if you’ve created or sold something obscene, and juries across America keep disagreeing with each other.
More to the point, local, state, and federal prosecutors across America keep demanding that juries decide this. Now that’s obscene.
The rest here.