Quote: And nobody has ever been ARBITRARILY arrested on obscenity charges.
Tell that to Lenny Bruce.
As for Max, he'll appeal on every issue his lawyers he can think of. What I was saying above is simply that, if the Eleventh Circuit finds grounds for reversal on a more settled issue (like Due Process) they need not even consider Miller.
What i meant by nobody being arbitrarily arrested is that it is usually the ones who "poke the bear", like Rob Black and Max who get busted. There are leterally hundreds of people the feds could get on the same charges, but it is usually the 'high profile' ones who get chosen. Its not like they throw all the names in ahat and choose one unlucky bastard. Max and Rob and stagliano were chosen for reason, not arbitrarily. (imho)
And yes Lenny Bruce may disagree, but he too liked to "poke the bear".
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