Monday, April 30, 2007


1964: Justice Potter Stewart, in his concurring opinion in Jacobellis v. Ohio, 378 U.S. 184 (1964), writes that he knows hard core pornography when he sees it.*

1978: Justice John Paul Stevens, in an appendix to FCC v. Pacifica Foundation, 438 U.S. 726, 751 (1978), sets forth the twelve-minute comedy routine by George Carlin, "the Seven Words You Can't Say on Television."

2007: The Supreme Court attaches a link to a video of a car chase to its opinion in Scott v. Harris at footnote 1. (Video here).

My question: How long before the Court starts posting porn on its website?

* This is what he actually wrote, in relevant part: "I shall not today attempt further to define the kinds of material I understand to be embraced within that shorthand description; and perhaps I could never succeed in intelligibly doing so. But I know it when I see it, and the motion picture involved in this case is not that." (at 476).