The Los Angeles Times revealed that 9th Circuit Court of Appeals Judge Alex Kozinski was hosting some porny images of girls done up like cows and other niceties on what he thought was a private server. Smut pundit Susannah Breslin suggests that now Judge Kozinski himself may be the one testing the limits of the "2 Girls, 1 Cup defense" that defendant Ira Isaacs was going for. Namely, that what was once "obscene" is now merely "shocking" and fine for the whole family to make YouTube response videos about.
But when the arbiters of what's too naughty for even the Constitution to cover are themselves secretly hording an outré fetish porn stash, how can "obscenity" apply to the rest of us? In order to make an obscenity ruling, after all, judges have to be able to review the material in question. Meanwhile, Isaacs's trial is currently suspended while the judge's photo collection is being evaluated at his own request — presumably by other judges. All in a day's work, eh, Your Honors?