By Josh Gerstein
President Barack Obama’s Justice Department has quietly agreed to move a pornography prosecution out of socially conservative Montana to more urbane New Jersey – fueling perceptions by some attorneys that the new administration is stepping back from the aggressive approach the Bush administration took to prosecuting obscenity.
“This is a substantial change of position,” said Louis Sirkin, an attorney who has represented many in the pornography industry, including Hustler publisher Larry Flynt. “The new administration has come in there and made a new determination….It certainly is different than what we have seen in the past.”
“I think it has a lot to do with the change in administration,” said a former federal prosecutor, Laurie Levenson of Loyola Law School. “It makes you wonder how far they were pushing the envelope before…..These cases are fraught with problems and are not a high priority.”
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