Common Sense

I wonder if this guy will be classified as a judicial activist.

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.

So our porn is safe from overzealous TABC officers? I’m left wondering just how many drunk people carry Jenna Haze DVDs around with them. You know, other than me.

Miller also struck down as unconstitutionally vague a law that forbids the possession or display of “immoral, indecent, lewd or profane” materials by merchants holding TABC licenses or permits.

“It cuts a wide and broad swath across territory covered by the First Amendment,” Miller wrote. He said non-obscene erotic movies and books, “while not enjoying a favored or central place in the First Amendment landscape,” are nevertheless protected.

Carico sued in 2003 to halt raids on convenience and liquor stores distributing its adult magazines, videos and CDs.

Hooray for adult education! I shout from the rooftops “You may take our liquor, but you can never take our Juggs!”