Quote: My point is 1) in the absance of any first amemdment protections you can make a stronger argument for such nulification, especially since Zigler created the truth defense to defamation if I remember the case.
2) Do you think that in all cases in which a jury ignores the law in a pornography case, the result will then be pro-defendant?
1) Very fair point. 2) No. But, I would advocate this strategy for those who believe in the first amendment and are chosen for obscenity cases if the court upholds these kind of cases.
All the defendant needs is 1 "nullifier". And, I believe that porn haters will actually find that even Cinemax movies violate community standards anyway.
I prefer that this be tossed by the higher courts since that would stop any future prosecution.