Bestiality -- Judicial Indiscretion?

The Chief Judge of the US Court of Appeals 9th Circuit is presiding of an obscenity trial that involves the importation and distribution of bestiality videos that are alleged to breach US obscenity laws. The Judge, Alex Kozinski, has reportedly posted some graphic bestiality material on his own website. When this was revealed publicly, both the defence and the prosecution filed motions to suspend the trial pending further investigation of the judge's website and posting on it.

Kozinski is a keen advocate for free speech and was in fact one of the leading voices in getting porn filters removed from staff computers at the 9th Circuit Court.

The person on trial is one Ira Isaacs who makes his living in the fetish porn industry and specializes by all accounts in films dealing with bestiality and defecation. Most certainly not everbodies cup of tea! But the legal arguments will be an interesting read. The trial will eventually proceed no matter the outcome of any investigation into the judge. Best case scenario is that the judge will be forced to recuse himself from the case.

The films that Isaacs is on trial for include the following titles: Gang Bang Horse Pony Sex Game, Mako's First Time Scat, and Hollywood Scat Amateurs No 7 for which he faces up to 20 years in jail and fines of USD 1 million if convicted on multiple counts of importing or transporting obscene material for sale or distribution.

Films that have "literary, scientific or artistic value" are not subject to the US obscenity laws. Therefore, the most likely form of defence here is going to be arguments to the effect that the films have some literary, scientific, or artistic merit. If the decision was to go Isaacs way then there would likely be an appeal to the Supreme Court because the implications of the decision would see purveyors of pornography arguing the literary, scientific, and artistic merits of porn across the board.

More to follow if and when the trial recommences.