9th Circuit: Obscenity Should Be Defined by U.S. Community Standards

[tickler]

About time!

No more procescution shopping for some hick conservative jurisdiction.

The opinion, written by Judge Betty Binns Fletcher, also said that the 9th Circuit panel's decision joins U.S. Supreme Court Justices O¹Connor and Breyer's holding that "a national community standard must be applied in regulating obscene speech on the Internet, including obscenity disseminated via email."
http://www.xbiznewswire.com/view.php?id=114173

Nevertheless, Kaufman was pleased about the decision and even said that the landmark ruling could have legs throughout other jurisdictions, besides the 9th Circuit.

“This holding sounds the death knell for the long-standing Miller test for determining whether materials are obscene when the materials are published via the Internet or in email communications,” he said. “

“What the court is saying, in effect, is that the days of trying to fit horse-and-buggy law to the digital age are over. And it makes sense – how can you subject a person to criminal prosecution for having the bad luck to open their email or log onto a website in Boise, Idaho, rather than Los Angeles?”

The actual ruling here(pdf)

So I'm wondering if this will be enough grounds to start throwing out all the previous convictions.