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Wednesday, December 02, 2015

Posner, Porn, and Prison

Decision here.  The Seventh Circuit, via Judge Posner, upholds warden's interception and confiscation of a number of pornographic magazines, but in extended dicta questions the wisdom of the prison's pornography ban.  Judge Posner points to a number of studies showing little (or even inverse) correlation between violence and pornography in prison.  Now, I have no idea what the prison's past experiences with inmate pornography have been, but I do think the nudge towards empirics and social science is an improvement over the "common sense" fears that tend to drive regulation of sexual content.  For a good overview of this tendency, I highly recommend Allegra McLeod's California Law Review article from last year.

Posted by Andrew Gilden on December 2, 2015 at 02:03 PM in Criminal Law, First Amendment, Gender | Permalink

Comments

The use of an "on the one hand" formulation in the next-to-last paragraph's last sentence is either intentionally or unintentionally hilarious.

Posted by: guest | Dec 2, 2015 3:21:25 PM

(the next-to-last paragraph on the next-to-last page, that is)

Posted by: guest | Dec 2, 2015 3:22:48 PM

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