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The psychology behind the Supreme Court is interesting too. They seek compliance with their orders and won't rule in a way that nobody expects. They will rule i
by vmception 6y ago
The psychology behind the Supreme Court is interesting too. They seek compliance with their orders and won't rule in a way that nobody expects. They will rule in a way that many people disagree with, but it will match a possibility everyone had in mind, or they won't take the case at all.
They don't want constitutional amendments, or the need to revisit cases over and over again because the people and the states aren't satisfied. They are fine with the legislature simply changing narrowly tailored laws to avoid people from encountering the disagreement again.
So you see this in obscenity. It won't ever clarify this because it doesn't match the social contract people have with the government anymore. ie. Gore and explicit sex is so commonplace in media that it will never clarify.
- throwaway_jobs 6y agoOne of my favorite phrases comes from the obscenity cases, and I tend to use it as often as I can: “Appeals to (Your) prurient interests” Many other jokes to be made at the expense of the justices on these cases, Which get far dirtier, such as the pinnacle case being Miller v California which was essentially about mail order dildos/sex toys, one would have thought double-sided dildos were about as obscene as it gets at the time, and yet leave it to the justices to develop the Miller Test which is coincidentally a “three-prong Obscenity test”.