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Google Mail, Google Docs... Google Obscenity!

Jun 24, 2008 • Karen

Interesting article about an obscenity defense lawyer who is using the comparative popularity of various Google search terms to make the case that his client's porn met the "community standards" test and thus wasn't obscene. Turns out, surprise surprise, that the residents of Pensacola, FL search more often for "orgy" than for "apple pie"! (Popularity of "Mom", "baseball" still being calculated.)

While a nice tactic, and one I wish would get some traction, it may not do the job. There's nothing in Miller that says that a community's standards must be ones that most community members actually follow. Hypocrisy might not be a defense if the courts decide that it is only the whited outsides of the sepulchers--the "standard" of the local gossips--that counts.