Justice Department Claims "Premium on Free Speech" Then Files Appeal in Extreme Associates Obscenity Victory
As predicted here last month, the United States Department of Justice recently announced they will file an appeal in the Extreme Associates obscenity case that was dismissed in January. In a fine example of government doublespeak, newly appointed Attorney General Alberto Gonzales stated in a press release, “The Department of Justice places a premium on the First Amendment right to free speech, but certain activities do not fall within those protections, such as selling or distributing obscene materials... The Department of Justice remains strongly committed to the investigation and prosecution of adult obscenity cases.”

[Attorney General Alberto Gonzales]
The Department also stated it had fears the legal reasoning of the district court could undermine all laws based on "shared views of public morality" such as "prostitution, bigamy and bestiality." How interesting. Although all crimes are based somewhat on morality (i.e. it is wrong to take another's life or steal), "crimes" such as distributing obscenity and prostitution involve consensual acts between adults. In nearly every morality "crime", the victim is missing.
And so I have to wonder, in forging ahead in the name of laws based on "shared views of public morality", who at the Justice Department determined what those shared views were? How were these views determined in the first place? Even if the Justice Department points to a statute by our duly elected representatives, what if it conflicts with other laws (like the First Amendment)? How do we know those views are still popular today? I don't remember being polled by the government on porn, prostitution, bigamy or beastiality. I do know that I surely don't share the views of our Justice Department. And what do we do with differences of opinion? Should the majority always trump the minority? What if it were true that 75% of the public disapproved of (victimless) activity "X", is that a good rationale for outlawing it? Perhaps those people should simply not engage in that activity! Tolerance and freedom go hand in hand.
I suspect that "shared views of public morality" as used by the Justice Department here is actually code for "shared views of the religious right". Stay tuned!
American Idol Season IV -- "Girls Night #01"
I enjoyed American Idol's "Girls Night #01" last night. In case you are not following the show close this season, the final twelve next month will start with six guys and six girls. Right now, the top twenty-four contestants remain and over the next three weeks, two guys and two girls will be eliminated per week until the final twelve are known. The dudes sing on Monday and the chicks sing on Tuesday. Voting results for both are revealed on the Wednesday show. Here are my picks and pans.
THE BEST 
Janay Castine "I Wanna Love You Forever" -- Janay has a nice voice and sang with intensity and feeling. The judges were way too harsh and sadly focused on her nerves (which she kept in check fine) and song selection. While they thought the song was "too old" for her, I thought it demonstrated her ability to sing at a mature level. For sure, one of the best performances of the night. Hang in there Janay!
Melinda Lira "Power Of Love" (Celine Dion) -- Nice job! A well sung, solid and controlled performance. Less over the top than Celine, and that's a good thing. Melinda can go far in this competition.
Nadia Turner "Power Of Love" (Ashley Cleveland) -- Nadia came out and belted a rocker in a convincing way. Excellent performance, but can she survive future episodes like "Broadway Night" and "Barry Manilow Night"? Also, that novelty hair has to go!
Celena Rae "I Will Love Again" -- Superb performance by Celena that was trashed by the judges. She has a very professional stage presence and seems perfect for videos, plus she's the cutest girl in the competition and has a fine voice too! A top contender.
Lindsey Cardinale "Standing Right Next To Me" -- Decent voice, but a sleepy song and performance. Her nightgown top was appropriate. Lindsey seems like a nice girl.
Aloha Mischeaux "Work It Out" -- Aloha put over a good funk/dance performance of Beyonce's hit. However, is she pretty enough to go far here? She seems nice, but is riding too much on Jasmine Trias' Hawaii spirit from last season.
THE REST 
Amanda Avila "How Am I Supposed To Live Without You" -- Zzzzzzzz. A generic performance. Amanda looked cute, especially to Simon (see below).
Carrie Underwood "Could've Been" -- A dull song matched with an uninspired, "just OK" performance. The judges were way too enthusiastic here and Simon is already trying to influence the audience into making her front runner ("a favorite to win").
Jessica Sierra "Against All Odds" -- I never liked this song and Jessica's performance didn't change my mind. If Phil Collins can barely sing it, that's a hint you shouldn't try this at home. I'll reserve judgment on Jessica and hope she picks something better, if she survives.
Sarah Mather "Get Ready" -- Not a bad MOR arrangement of "Get Ready" and I thought Sarah personalized the song well and gave it a fresh spin. Steady vocals. I'm on the fence about this girl. Some of her movements and camera angles were unflattering.
Vonzell Solomon "Heatwave (Your Love Is Like A)" -- Vonzell's version of this chestnut didn't add much to the original or Linda Ronstadt's remake. It was a good way to open the show, but in the end, just OK.
Mikalah Gordon "Young Hearts Run Free" -- Enough of this Fran Drescher reincarnate already! Please God, let her run on American Idol end here! Doesn't it creep you out how a teenager can act like a forty year old woman? Randy and Paula, for reasons only they know, can't pile enough praise on Mikalah, but Simon got it right this week when he said she will annoy half of America!

Last night's episode was also memorable for Simon's astonishing "microphone" comment. We all knew Simon could be annoying, harsh and arrogant, but now we know he is boorish pervert too. After dismissing Amanda's performance, he told her, "In a second life, I want to come back as your microphone." Ugh. I felt sorry for the girl. Simon should apologize to Amanda on tonight's show for that creepy statement.
-- Snowman
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