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Originally Posted by Pagan
I thought the individual states still had some voice in what was legal within their boundaries? Los Angeles is a very liberal area that has a huge number of topless and nude bars, adult book stores, adult theaters, lifestyle oriented shops, etc. They are far more progressive in their thinking towards adult materials than an area where all such activities are severely restricted or outlawed. Why is the federal government stepping in to control what should be a local issue? In all honesty, it does make me sad... and glad I moved last fall away from the madness.
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We live under at least two concurrent sovereigns, our state and the federal government and we are citizens of each; they have their own laws, cops, courts, prisons, and death chambers; in its proper sphere, the federal power is supreme. But we are obliged to obey each. Look at the marijuana issue in California; it tolerates medicinal weed, a violation of federal law. Obama has pledged to honor those laws in jurisdictions that permit it - I hear rumblings that this is not always actually followed - but it's a matter of discretion in enforcing the federal laws that apply to anyone. Federal obscenity laws apply in states that have no obscenity laws of there own, about five, and in the remainder, both sovereign governments have concurrent jurisdiction over the issue. The federal courts apply the law of the local US District as a community to determine contemporary community values, but the Ninth Circuit sitting from san francisco has now held that internet obscenity must be judged by national standards. The states are all over the place, some judge a statewide standard and others use county or judicial district to determine the relevent community. my site has a table state by state, a few years old. The short answer to your question is that the state cannot annul the effect of a proper federal law. Federal obscenity laws apply to matters involved in interstate commerce and its power derives from the commerce clause in the constitution to regulate interstate and foreign commerce.
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