This Looks Like A Job For the Obscenity Prosecution Task Force!

Law, Politics & Current Events

Yes, gentle readers, there is such a group. They hunt down and prosecute purveyors of obscene materials. And I am writing to urge the Obscenity Prosecution Task Force, the Department of Justice, and the Bush Administration, to hunt the most dangerous game of all: A federal judge. And not just any federal judge either, but perhaps the most dangerous judge of them all: Ninth Circuit Court of Appeals Chief Judge the Honorable Alex Kozinski. He should be easy to find.

He was last seen at the Los Angeles federal courthouse, presiding over an obscenity trial.

One of the highest-ranking federal judges in the United States, who is currently presiding over an obscenity trial in Los Angeles, has maintained his own publicly accessible website featuring sexually explicit photos and videos.

Alex Kozinski, chief judge of the U.S. 9th Circuit Court of Appeals, acknowledged in an interview with The Times that he had posted the materials, which included a photo of naked women on all fours painted to look like cows and a video of a half-dressed man cavorting with a sexually aroused farm animal. Some of the material was inappropriate, he conceded, although he defended other sexually explicit content as "funny."

Kozinski, 57, said that he thought the site was for his private storage and that he was not aware the images could be seen by the public, although he also said he had shared some material on the site with friends. After the interview Tuesday evening, he blocked public access to the site.

Yes, the lurid material, gentle readers, consisted of photos of naked ladies dressed as cows and other perversities. A porn stash.

I don't know whether the material was funny or not, though if it is that might give it some redeeming social value, thus rendering it non-obscene. Nonetheless, I maintain that the Obscenity Prosecution Task Force should pursue this matter vigorously.

I make this recommendation not out of ill will toward Judge Kozinski. Indeed, though I'll never meet him the man is something of a hero to me, as I've admired his writing, his thought, his wit, and his philosophy of commonsense libertarianism for years. Indeed, I think him the best federal appellate judge, and would wish there were more like him but for the fact that Kozinski is unique.

No. I make this recommendation because the public needs to see that this is a government of laws, not men, where the high might be brought down among the low. I make this recommendation because I want the government to defend its power to regulate the people's ability to view whatever they want to see from the privacy of their own monitors not against some creep or pornographer assisted by a do-gooder ACLU type or some hapless public defender, but against a mind better than any the government will throw at it, as well as the monster criminal attorneys who would leap at the opportunity to defend Alex Kozinski.

I want the government to teach the public, if it can, why obscenity prosecutions punishing what appears to be purely private conduct and viewing by consenting adults are good for a society which respects individual autonomy and liberty.

And I want someone to school the government in return.

Via Stephen Bainbridge, who addressed all of the messy ethical issues of recusal and propriety that to be honest I just don't find that interesting in this case.

Last 5 posts by Patrick

9 Comments

6 Comments

  1. PLW  •  Jun 11, 2008 @1:45 pm

    pix pls

  2. Patrick  •  Jun 11, 2008 @2:05 pm

    Just google cow naked ladies and you'll find them.

    It is worth noting that Judge Kozinski recently demanded that pr0n filters be removed from Ninth Circuit computers.

    Under the circumstances, I suspect he'll have to recuse himself and give the defendant a mistrial.

  3. Ken  •  Jun 11, 2008 @2:46 pm

    1. A certain older judge of the Central District of California routinely waxed apoplectic that the U.S. Attorney's Office no longer prosecuted obscenity cases. I'm sure he's pleased. Rumor has it that when he was the U.S. Attorney he wanted to prosecute Coppertone for the ad with the dog pulling down the little girl's bathing suit.

    2. Kozinski is unquestionably among the smartest federal judges, probably the best writer, and certainly the most entertaining writer. I met him a few times when I was clerking for a district judge and he would descend from the 9th Circuit to take an occasional district court case, often borrowing my judge's courtroom. Once I saw him sentence a guy. Afterwards in chambers he asked if I thought the sentence was fair. I said I hadn't read any of the papers and didn't know. This seemed to irritate him; I was disappointed to think he was looking for empty flattery.

    3. The DoJ's new obscenity unit is a theocratic-base-pandering joke, and widely regarded with utter scorn by all of the former and current federal prosecutors that I know.

  4. Ken  •  Jun 11, 2008 @4:47 pm

    Updated information on the story.

    By the way, this post is generating some of the most awesome or hideous search engine hits ever, depending on your perspective.

  5. PLW  •  Jun 11, 2008 @9:17 pm

    Actually Popehat is currently the #1 google hit for

    naked ladies "dressed as cows"

  6. Patrick  •  Jun 12, 2008 @3:35 am

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