ST. MARTINVILLE, LA – Judge Charles Porter upheld Louisiana’s obscenity law in the face of challenges that the statute is overbroad and so vague that it could stifle constitutionally protected expression.Among the attorneys representing Emmette Jacob Jr., the owner of Le Video Store, and Edward Burleigh Jr., the owner of Le Video Place, is noted adult industry attorney JD Obenberger, who had argued that that the community standards test is too vague because it does not specify what “community” defines the standards. In his ruling, however, Porter said that the U.S. Supreme Court has “made it clear” that states are not required to establish boundaries defining the community in order to determine what “standards” should apply.
Louisiana law permits jurors to “rely on their understanding of the community standards of the geographic area from which they assemble to judge the controversy,” Porter wrote in his decision.
So what’s next?
“The defense and the State have mutually agreed to a stay of trial pending consideration of a supervisory writ with the Louisiana Court of Appeal, which functions as an interlocutory appeal of the denial of our motion to quash,” explained Obsnberger. “The Third Circuit Court of Appeal will hear this matter. The Third Circuit sits in Lake Charles, Louisiana and is now closed as a result of Hurricane Katrina, but will resume business on October 24.”
“Wednesday’s result was, of course a disappointment, but it is in no sense discouraging,” Obsnberger continued. “We all have a deep and abiding committment to the righteousness of the four arguments set forth in our motion. The court’s order embraces the notion that certain kinds of erotic works are “presumptively obscene,” a notion that uniquely afflicts Louisiana jurisprudence and which is unknown in any other American jurisdiction. Among other goals, we aim to consign that view to the trash heap of the law. The order discusses the potential application of the Louisiana statute to the punishment of internet commerce in interational and interstate commerce in only a few lines, to deny us any opportunity to be heard on that issue. We believe that this issue is squarely before the courts and cannot be ducked. We have abiding trust that both justice and our our constitution’s gurarantee of liberty in expression will prevail. To that end, our zeal and energies will not flag but shall be redoubled.”
Not surprisingly, prosecutor Chester Cedars of St. Martin Parish saw the ruling a little differently, terming it “a validation of the First Amendment.”
“I look forward to defending Judge Porter’s decision and the constitutionality of the decision on appeal,” Cedars said.
Jacob and Burleigh each face up to three years in prison if convicted of distributing obscene materials. No date has been set for the trial.
