few lower court challenges and the Supreme Court's decision in Reno v. ACLU striking down an indecency standard for the Internet but not for on-air broadcasts. The current ban on indecent broadcasts applies strictly to those between 6 a.m. and 10 p.m., when children are most likely to be listening to the radio or watching television. Many would say that buying a CD or an adult film is much different than having a medium that is easily accessible such as radio, and ultimately it has been proven soUnder authority of a warrant to search a man’s home for evidence of his alleged bookmaking activities, officers found some films in his bedroom. The films were projected and deemed to be obscene. The man was arrested for their possession. He was thereafter indicted, tried, and convicted for "knowingly having possession of . . . obscene matter" in violation of a Georgia law. (DOC) The Georgia Supreme Court affirmed, holding it not essential to an indictment charging one with possession of obscene matter that it be alleged that such possession was "with intent to sell, expose or circulate the same." It was decided that the Georgia obscenity statute is unconstitutional insofar as it punishes mere private possession of obscene matter. Although that case was looked upon as possessing personal material, many forms of entertainment have not been treated in the same manner. The owner of a Florida record store was convicted of obscenity charges for selling a recording by the rap group 2 Live Crew that had been declared obscene by a Federal judge. (DOC) As Nasty as They Wanna Be had 87 references to oral sex alone and was unquestionably offensive; however, that isn’t what proves to be important. According to the Constitution, all citizens are granted freedom of speech and freedom to express their own opinions. Why would the members of The 2 Live Crew be excluded from these rights? Who is to decide what is to be banned and what is not to be ...
