Originally Posted by PTravel
I'm only questioning a seizure based on an expressive work being, "immoral." If I want to bring in a non-obscene (by the Miller standard) pamphlet advocating, for example, premarital sex, it would be a First Amendment violation to preclude it.
As I said, obscenity-based seizures are not constitutionally problematic. I have a problem with the "immorality" provision. At best, it's impermissibly vague and, at worst, a substantive infringement of 1st, 4th and 5th Amendment rights.
Well, I've only ever seen the statute used for obscenity and foreign lottery materials (which are specifically precluded). Otherwise, I would tend to agree. Morality is different for different people and communities. Federal law must be clear and consistant.