To: gdani
Take note that Scalia and Thomas deemed it Unconstitutional also No, Scalia dissented.
Only Rehnquist voted to uphold the statute in its entirety. (Even he agreed that it would be unconstitutional to ban American Beauty or Traffic, but he thought the law could be read narrowly to exclude those kind of "serious" films.) Scalia and O'Connor found the law unconstitutionally vague in part, but would have upheld some (not all) of the parts thrown out by the majority.
To: Lurking Libertarian
Only Rehnquist voted to uphold the statute in its entirety. (Even he agreed that it would be unconstitutional to ban American Beauty or Traffic, but he thought the law could be read narrowly to exclude those kind of "serious" films.)
So he's trusting law enforcement to apply common sense? He's an optimist.
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