Now that the Supreme Court has placed a police video online in his decision today in Scott v. Harris, the question presents itself: What other materials will be placed online? (Howard Bashman says in a headline: “Online Video Clips: Not Just for Porn Anymore.”)
The Court has set a precedent.
The evidence in pornography cases does indeed spring to mind in the never ending debate of what is, or is not, obscene.
According to The Brethren, there was Movie Day at the Supreme Court when the films were viewed. Is the Court now put in the odd position of hiding evidence over which there may be a difference of opinion? That is to say, using one standard for a car chase and a different one for porn? Did the Court just step on to a slippery slope with a multitude of grays between those extremes?
Would a lethal injection execution that was videotaped be placed online if and when the Court debates whether it constitutes cruel and unusual punishment?
Regarding porn, Potter Stewart said, “I shall not today attempt further to define the kinds of material I understand to be embraced . . . [b]ut I know it when I see it . . . ” (Jacobellis v. Ohio, concurring)
But will the Court show it?