Judge Henry E. Hudson ruled the Affordable Care Act’s individual mandate unconstitutional on the grounds that Congress had exceeded its powers. That libertarian outlook apparently fades when it comes to pornography, since as Josh Gerstein points out, as chairman of Ronald Reagan‘s porn commission Hudson went farther than his colleagues in urging tougher enforcement of obscenity laws.
The suggested prioritization of obscenity cases, which places the greatest emphasis on violent and degrading materials, seems appropriate. Of greater concern is the possible implication that enforcement with respect to Category III items should be de-emphasized. While prioritization of resources, like other obscenity law enforcement policy, is a matter within the prerogative of each individual jurisdiction, I do not support the suggestion that any items within the current definition of obscenity should not be prosecuted if deemed appropriate by that community. To the extent that prioritization of resources entails the commitment of personnel to long-term, complex investigations, a policy of concentration on violent and degrading materials is logical. On the other hand, the policy distinction between legally obscene materials of that type (Category I and II), and those in Category III is less persuasive when applied to cases developed by routine periodic surveys of materials on display in commercial areas. Under the latter circumstances, all materials within the legal definition of obscenity, as established by the standards of that community, should be prosecuted upon discovery.
Our suggestion that publications consisting entirely of the printed word and without imagery be exempted, except for those relating to child abuse, is disturbing. While I have never personally initiated a prosecution of a publication of that type, and cannot envision circumstances warranting such action in my community, I will not unilaterally impose my view on other jurisdictions. To the extent that our text may appear to condone a relaxation of existing obscenity laws with respect to materials comprised solely of the printed work, I depart from the majority. A decision to disregard existing law must in my view be made by the individual community affected.
Hudson concludes that “In my view, most elements of the pornography industry, particularly with respect to books and magazines, is directly controlled by the La Cosa Nostra, through its members or associates.” So when you masturbate to porn, you’re helping the mob.