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Pro Porn Attorney is now U.S. Deputy Attorney General
05-03-2009, 04:51 PM (This post was last modified: 05-03-2009 04:57 PM by davephx.)
Post: #1
Pro Porn Attorney is now U.S. Deputy Attorney General
Pro Porn Attorney is now U.S. Deputy Attorney General

Yes.... One that should be on our side for sexual freedoms and First Amendment Rights we lack that most of the world enjoys. Hopefully his liberal views on porn and women's rights carry over into sexwork. But Attorney General Holder is questionable based on his anti adult freedom views from 10 years ago.

The new Deputy Attorney General, David Ogden, represented Playboy Enterprises in multiple cases, Penthouse Magazine, the ACLU, and the largest distributor of hard-core pornography videos.

He also fights for the women's right to choose (another freedom trying to be taken away from women by Republican conservatives) and wrote an amicus brief for the Supreme Court arguing against the anti-choice movement of how terrible emotionally harmed women who have abortions feel. He writes, "In sum, it is grossly misleading to tell a woman that abortion imposes possible detrimental psychological effects when the risks are negligible in most cases, when the evidence shows that she is more likely to experience feelings of relief and happiness, and when child-birth and child-rearing or adoption may pose concomitant (if not greater) risks or adverse psychological effects..."

This puts the 2nd in command at Justice favoring adult freedoms the exact opposite of the Bush anti freedom Justice Dept.

More detailed article about Ogden and the Religious Right trying to make it about child porn and child trafficking which Ogden is expressly against related to children. But of course the Republican conservatives attack regardless of truth:

David Steinberg says in SFGate.com:
Perhaps the most encouraging piece of news (for those of us in the sex-positive camp) has been Obama's nomination, and the subsequent decisive Senate confirmation, of David Ogden as Deputy Attorney General, the No. 2 man in the Justice Department. As the Justice Department's chief operating officer, Ogden will be responsible for resolving conflicts between U.S. attorneys in high-profile cases, and thus will have much to say about the implementation of DOJ policy in cases involving such issues as obscenity, abortion, and LGBT rights.

Ogden, who was Assistant Attorney General for the Civil Division in the Clinton Administration, and served as chief of staff for Attorney General Janet Reno, has since been a partner at WilmerHale, an influential Washington law firm, where he has litigated a number of important First Amendment cases involving distribution of sex-related material.

He represented the American Library Association in its fight to keep the Bush Administration from imposing Internet filtering on libraries across the nation. He represented the American Council for the Blind in its suit to have Playboy Magazine included among publications to be translated into Braille by the Library of Congress. He supported sex educator/entrepreneur Phil Harvey in his long, eventually successful, suit overturning the DOJ policy of bankrupting sex entrepreneurs by forcing them to defend themselves against suits in multiple states simultaneously. And he supported the ACLU in its successful suit which resulted in the Supreme Court declaring unconstitutional core provisions of the 1998 Child Online Protective Act (COPA) that would have put severe restrictions on Internet sexual content.

While these positions place Ogden squarely in defense of basic First Amendment rights, none of them is radical except, perhaps, in contrast to the radically conservative positions taken by the DOJ under George Bush.

Significantly, Ogden's nomination gained the endorsement of a broad range of far-from-radical organizations, including the National District Attorneys Association, the National Association of Police Officers, the Fraternal Order of Police, and the National Center for Missing and Exploited Children.

Responding to charges during his confirmation hearings that he would be soft on child pornography, Ogden testified decisively that he considered child pornography to be "abhorrent," and reminded Senators that he had "vigorously defended the constitutionality of child pornography statutes during my tenure... in the Clinton administration."

Nevertheless, Ogden's First Amendment defenses were sufficient to make him a target for the radical right, which labeled him a "pro-pornography zealot," as well as attacking him for his positions on other sex-related issues, including being what one critic called a supporter of "the whole package of the homosexual agenda."

Ogden's nomination became a rallying cry for the anti-sexual right, the first test of their clout with the new Administration, and the new Congress.

"Nominating David Ogden for such a high position in the Justice Department raises questions about whether the new President means business about curbing sexual trafficking in women and children and other sexual exploitation of children and about standing up for policies that value families," declared Robert Peters, president of the anti-pornography organization Morality in Media.

"It would be difficult to find a person less desirable to be second in command at the nation's top law enforcement agency," agreed Janice Shaw Crouse of the Beverly LaHaye Institute. She called "nightmarish" not only Ogden's positions regarding the distribution of sexual material, but also his belief that consenting adults should be able to engage in phone sex if they so choose, his arguments "that judges [should] consider the [research findings of the] social sciences" when deliberating rulings in sex-related cases, his representation of "professional psychological associations presenting positive arguments for 'gay' parenting, [and] 'gays' in the military," and his opposition to parental and spousal notification and waiting period requirements for women who choose to have abortions.

Despite a strident effort to rally opposition to Ogden's confirmation, including reported threats by the Family Research Council to target any Republican Senators who voted for him, Ogden was confirmed by a 65-28 Senate vote on March 12.

Dave notes that less is known about current position of Attorney General Eric Holder. Ten years ago he was more conservative and related to porn after the Child Protection Act was declared unconstitutional by the Supreme Court said he wanted to find other ways to restrict sexual materials. The Child Protection Act would have required most any website with "dirty pictures" to have to verify the age via credit card or other means that everyone was over age 18 or face criminal charges. The Supreme Court said this was too broad since it restricted adult access by unreasonable requirements.

Regarding prostitution I find, "Holder, yet another ex-Clintonite, was Clinton’s Deputy Attorney General and US Attorney General for the Washington DC area. He is an extreme drug warrior who believes that harsher and longer sentences should be enacted for minor crimes such as marijuana use and prostitution."

And sadly
Holder is a very disappointing choice for Attorney General. He just doesn't seem to share any modern sense that the worldwide nature of the Internet should not be subject to local community laws. And the notion of judge shopping, courtroom shopping, to find the most conservative possible community in some Southern jurisdiction in a Bible Belt community to decide what persons in New York, Los Angeles or San Francisco may view is outrageous. Holder just doesn't seem to value the separation of church and state any higher than the current religious right wackos who are plentiful in the Bush Justice Department is appalling. The religious right has used the Bush Justice Department to advance it's radical social and cultural agenda, and Eric Holder holds little promise of reversing this abuse of government power and spending of taxpayer money to advance a religious agenda.

Civil liberties supporters have every right to be very disappointed in this awful choice for Attorney General. Government has no legitimate role in using taxpayer dollars to promote a religious agenda. And most existing obscenity laws that involve the distribution of sometimes outrageous or tasteless material between consenting adults is clearly unconstitutional and often just an attempt by religion to enforce their views of culture on the society at large. Government has no legitimate role legislating good taste in entertainment. - Source wizbangblue post by Paul Hooson

Regarding AG Holder, David Steinberg says, "That was ten years ago, and what one advocates in the Age of Obama may well be quite different from what was expedient back then. How much Holder's positions on obscenity and other sexual issues were the basis for his nomination, and how much they were secondary to other matters, is anyone's guess -- as is how much room Obama will give Holder to define DOJ policy on sex, and how much he will set those policies himself."

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