Originally Posted by
Affection
Florida still seems to think that pornography is illegal, just yesterday arresting the author of the "how to be a pedophile book" for writing it. Not because it might incite people to harm children, but because the text within was "obscene."
Technically, porn is still illegal according to federal law and the laws of many states, especially Florida.
Evidently, the material in question was child pornography. "Pornography" is most certainly not illegal under federal laws, and any state laws that use any definition other than the Miller Test for obscenity are in violation of the Constitution.
However, it's nearly certain that the Supreme Court would find that private possession of porn is constitutionally protected, which is one of the reasons why you almost never see a prosecution for general (18+) porn.
The reason why is that, a long time ago, the Supreme Court set out the test for
obscenity, not pornography. Pornography is not only not illegal, there is no legal definition for pornography (except in the context of kiddie porn).
Thanks. I don't see anything problematic in the Court's analysis. On the contrary, the legal reasoning is quite sound. The problem is not with this decision, but the with the decisions that have upheld warrantless "administrative searches" lacking probable cause in the first place.