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That's what the appeal process is for.



Again, it may not even be determined at that point. Appellate courts love, love, LOVE to duck complex issues when a case can be decided upon more settled ones.

Here, I would not be surprised if the case gets remanded for a new trial based, among other things, upon whether the Judge's decision to allow the Government to play excerpts of the charged titles violated Max's right to Due Process, the argument being that the ruling improperly shifted the burden of proof to defendants. The fact that defendants were allowed to show the jury the remainder of the material is irrelevant; they should never have been placed in that position. The burden was on the Government to prove that the charged material, taken as a whole, violates community standards and the excerpts ruling put it upon the defense.