Volokh has a good thought exercise on what alternative outcomes the DoJ Smut Crackdown will lead to:
- The crackdown on porn is doomed to be utterly ineffective in its stated goals of preventing the supposedly harmful effects of porn on its viewers, and on the viewers’ neighbors.
- The crackdown on porn will be made effective — by implementing a comprehensive government-mandated filtering system run by some administrative agency that constantly monitors the Net and requires private service providers to block any sites that the agency says are obscene.
- The War on Smut will be made effective by prosecuting, imprisoning, and seizing the assets of porn buyers.
[…]So, supporters of the Justice Department’s plans, which do you prefer — #1, #2, or #3? Note that I’m not asking whether porn is bad, or whether porn should be constitutionally protected. I’m certainly not asking whether we’d be better off in some hypothetical porn-free world (just like no sensible debate about alcohol, drug, or gun policy should ask whether we’d be better off in some hypothetical alcohol-, drug-, or gun-free world). I’m asking: How can the government’s policy possibly achieve its stated goals, without creating an unprecedentedly intrusive censorship machinery, one that’s far, far beyond what the Justice Department is talking about right now.
Worth thinking about.
I’m hoping for 1 but can see a kinda combo of 2 and three happening with the special sauce of 2a.
2a: Using the power of the DoJ to file suits in every jurisdiction in the country, and use the RICO laws to seize the assets of those being prosecuted so that they do not have the funds to defend themselves. It won’t matter if the people being charged are innocent or not, because it will be very show trial-esque. The purpose will be to scary everybody in this country and abroad to not deal in pron biz. Only the brave few will be willing to slog this out all the way to the ScotUS, while the others will fall by the wayside of groupthink and Puritan hellfire and damnation.
I’d like to know when we adopted the Napoleonic law system in this country.