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The Courts Government Censorship United States News Your Rights Online

Porn Found On L.A. Obscenity Case Judge's Website 393

Stanislav_J writes "In a bizarre revelation, the judge who is presiding over the Isaacs obscenity trial in Los Angeles was found to have sexually explicit material on a publicly-accessible website. Alex Kozinski, chief judge of the U.S. 9th Circuit Court of Appeals, acknowledged that he had posted the materials, but says he believed the site to be for personal storage only, and not accessible to the public (though he does acknowledge sharing some of the material with friends). The files included images of masturbation, public sex, contortionist sex, a transsexual striptease, a photo of naked women on all fours painted to look like cows, and a video of a half-dressed man cavorting with a sexually aroused farm animal. The latter two are especially ironic in that the trial involves the distribution of allegedly obscene sexual fetish videos depicting bestiality, among other things, by Ira Isaacs, an L.A. filmmaker."
Stanislav_J continues: "The judge has blocked public access to the site (putting up a graphic that reads, 'Ain't nothin' here — y'all best be movin' on, compadre').

Isaacs' defense had welcomed the assignment of Kozinski to the case because of his long record of defending the First Amendment, but the startling news about his website (the revelation of which seems to have been interestingly timed to coincide with today's scheduled opening arguments) now have many folks calling for him to be removed from the case. There is no indication that any of the images on Kozinski's site would be considered obscene or illegal. But certainly, one has to believe that most would consider this at the very least to represent a serious conflict of interest given the nature of the trial."
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Porn Found On L.A. Obscenity Case Judge's Website

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  • Re:huh? (Score:3, Informative)

    by Anonymous Coward on Wednesday June 11, 2008 @06:23PM (#23755771)
    google image

    safesearch off

    2nd image result

    http://images.google.com/images?source=ig&hl=en&rlz=&=&q=cow%20girl
  • Re:Animals. (Score:3, Informative)

    by Wandering Wombat ( 531833 ) <mightyjalapeno@g ... m minus math_god> on Wednesday June 11, 2008 @06:26PM (#23755823) Homepage Journal
    It is impossible to have an email address and not have it sent to you.

    I've never, ever, ever had anything like that sent to any of the 9 e-mail addresses I use for home, work, or family communication. Ever.
  • by dpbsmith ( 263124 ) on Wednesday June 11, 2008 @06:26PM (#23755831) Homepage
    The bad news: the site is down. "Safari can't open the page 'http://alex.kozinski.com/' because it could not connect to the server 'alex.kozinski.com'"

    The good news: it's in the Wayback machine. [archive.org]

    The bad news: the Wayback machine just shows "Ain't nothin' here. Y'all best be movin' on, compadre" on the main page, from 2004 through the last snapshot in 2005. (The news story saying that this is a recent change is apparently wrong).
  • Re:No big surprise (Score:5, Informative)

    by Qzukk ( 229616 ) on Wednesday June 11, 2008 @08:08PM (#23757009) Journal
    Not only is the statistic taken out of context (The 9th Circuit has "one-fifth of the entire federal appellate caseload [senate.gov]"), the statistic is bullshit in the first place.

    For every case the Supreme Court hears, how many do they allow to stand?

    During its 2004-05 term, the Supreme Court reversed 84 percent of the cases it chose to hear from appeals of 9th Circuit decisions... But the high court reversed 100 percent of the decisions it heard from the 1st, 2nd, and 10th Circuit Courts of Appeals
    -- http://mediamatters.org/items/200511090012 [mediamatters.org]

    If 16 of 19 cases that were taken were overturned in 04/05, how many cases did the Supreme Court decline to hear, allowing the 9th Circuit decision to stand? I can't find statistics on the numbers of appeals where the Supreme Court essentially "agreed" with the Circuit court, but I did find this neat doohickey [uscourts.gov] that lets me generate reports on case information for each Circuit, and it tells me that for 2005, the number of "on the merits" decisions (as opposed to decisions about procedural error, etc) was:
    1st) 986
    2nd) 2121
    3rd) 2329
    4th) 2590
    5th) 3608
    6th) 2903
    7th) 1480
    8th) 2078
    9th) 6197
    10th) 1524
    11th) 3579
    DCth ;) 518

    If every one of those 6197 decisions was appealed and the Supreme Court only disagreed 16 times, that's a pretty damn good percentage in my opinion.

    Finally, California has money out the wazoo. That money is required in order to appeal cases in the first place, and doubly so to appeal to the Supreme Court. Coupled with the fact that the government is more or less required to let the people try to appeal (something about a right to petition for redress of grievances), you can see those dollars at work in this Circuit.
  • by Anonymous Coward on Wednesday June 11, 2008 @08:23PM (#23757199)
    http://web.archive.org/web/20050308041249/http://alex.kozinski.com/Lewis&Clark/
  • Re:No big surprise (Score:4, Informative)

    by jellie ( 949898 ) on Wednesday June 11, 2008 @08:50PM (#23757467)
    That's a really retarded and overused argument. Are you saying that the decisions by the US Court of Appeals for the Ninth Circuit are examples of that bullshit known called "judicial activism"? According to the 2000 census, the states within its jurisdiction comprise 20% of the country's population. And they also see a fifth of the federal appellate workload. Therefore, the Ninth Circuit probably has the most cases upheld by the Supreme Court.

    Your lawyer buddies probably also know that Judge Kozinski tends to be conservative/libertarian, not "liberal" (as the court is often characterized), and is a highly respect jurist. I'm not defending him or his actions, but I'm saying that dismissing an entire court due to some stupid belief is just ... naive. What do you know?
  • by oneplus999 ( 907816 ) on Wednesday June 11, 2008 @08:59PM (#23757545)

    the Wayback machine just shows "Ain't nothin' here. Y'all best be movin' on, compadre" on the main page, from 2004 through the last snapshot in 2005. (The news story saying that this is a recent change is apparently wrong).
    I haven't RTFA but a different FA that I R'd said before the story broke, if you went to alex.kozinski.com you'd see the "Ain't Nothin here." bit. Then if you knew the right directory you could go to alex.kozinski.com/porn and see the naughty bits. This is probably why he thought no one else could see it. Since then he took it off completely.
  • Here ya go!! (Score:5, Informative)

    by Stanislav_J ( 947290 ) on Wednesday June 11, 2008 @09:22PM (#23757725)

    Cryptome posted a Yahoo cache of Kozinski's directory [cryptome.org] on its site.

    Some of the more interesting file names include:

    a.day.without.jews.wmv
    BBCCopsUndies.wmv
    Colo-rectalSurgeon.wav
    isitmanisitwoman.pps
    jewsdontcamp.mp3
    piss_diver.wmv
    Sheep_guy.jpg
    show.them.to.me.wmv
    testicle.interview.wmv

    Looks like Jewish groups may not appreciate his sense of humor as well as the anti-porn crowd. At any rate, I don't see much of anything there that looks from the file names alone to be hardcore. It really does look like a directory of miscellaneous stuff that came in "Look at this!" and "Check THIS out!" e-mails from friends that he just stored on the site for easy access.

  • by Peyna ( 14792 ) on Wednesday June 11, 2008 @09:24PM (#23757745) Homepage
    http://www.access.gpo.gov/uscode/title18/parti_.html [gpo.gov]

    I'll let you do the counting, but the majority of the felonies in the federal system are in Title 18.

    Maybe if you consider all the different combinations of specifications and amounts, etc. as different offense you might get to 40,000, but otherwise, I have a feeling it's nowhere close to that.
  • Re:Here ya go!! (Score:5, Informative)

    by odin53 ( 207172 ) on Wednesday June 11, 2008 @09:53PM (#23757951)
    Kozinski is Jewish; in fact, his parents were Holocaust survivors. I wouldn't be concerned.
  • by adminstring ( 608310 ) on Wednesday June 11, 2008 @10:24PM (#23758309)
    One can be negligent while sleeping. Say you're the captain of an oil tanker and you fall asleep, leaving someone less experienced in command, and they run it into the coastline. You could then be found guilty of criminal negligence for something that happened while you were asleep.
  • UPDATE (Score:3, Informative)

    by Stanislav_J ( 947290 ) on Thursday June 12, 2008 @02:52AM (#23760071)

    In an updated version of the story, the L.A. Times now reporting that the trial has been suspended:

    Alex Kozinski, chief judge of the U.S. 9th Circuit Court of Appeals, granted a 48-hour stay in the obscenity trial of a Hollywood adult filmmaker after the prosecutor requested time to explore "a potential conflict of interest concerning the court having a . . . sexually explicit website with similar material to what is on trial here."

    One new wrinkle is that the good judge is at least partially trying to shift blame to his own son!

    After publication of an latimes.com article about his website Wednesday morning, the judge offered another explanation for how the material might have been posted to the site. Tuesday evening he had told The Times that he had a clear recollection of some of the most objectionable material and that he was responsible for placing it on the Web. By Wednesday afternoon, as controversy about the website spread, Kozinski was seeking to shift responsibility, at least in part, to his adult son, Yale. ["Yale??"]

    "Yale called and said he's pretty sure he uploaded a bunch of it," Kozinski wrote in an e-mail to Abovethelaw.com, a legal news website. "I had no idea, but that sounds right because I sure don't remember putting some of that stuff there."

    Or maybe it was one of his brothers, Harvard and Princeton....

  • Re:Animals. (Score:5, Informative)

    by cduffy ( 652 ) <charles+slashdot@dyfis.net> on Thursday June 12, 2008 @10:51AM (#23764049)
    I wasn't running against the original, of course. What kind of idiot do you take me for?

UNIX was not designed to stop you from doing stupid things, because that would also stop you from doing clever things. -- Doug Gwyn

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