Tag Archives: religious freedom

I Know It When I See It

BY RICH GALEN
Reprinted from Mullings.com

This column may well generate about 40,000 “Unsubscribes” this morning, but there you are.

In the early 1960s a man named Nico Jacobellis was arrested after the showing of a French movie in his theater by the name of “The Lovers” on the grounds that the film was obscene.

This case would doubtless be relegated to punishing second year law school students were it not for the fact that (a) the case went to the U.S. Supreme Court and (b) in a concurring opinion Justice Potter Stewart penned one of the most memorable phrases in Court history.

In concurring with a reversal of Mr. Jacobellis’ conviction, Justice Stewart wrote about trying to define the phrase “hard-core pornography”: I shall not today attempt further to define the kinds of material I understand to be embraced within that shorthand description; and perhaps I could never succeed in intelligibly doing so. But I know it when I see it, and the motion picture involved in this case is not that.”

Putting aside how Mr. Justice Stewart had come upon comparative material, this famous quote came to mind when I read that GOP Presidential Candidate Rick Santorum plans to boldly go where Supreme Court Justices have feared to tread.

On his campaign web page a position paper on pornography contains this: While the Obama Department of Justice seems to favor pornographers over children and families, that will change under a Santorum Administration. Continue reading