FUQ (eff -yu - cue) - FAQ's with an EDGE

Tagged As: The Tin Drum

Question:
I just read in today's (Dec 27) Daily Oklahoman that the federal judge, Judge Thompson, ruled that the police seizure of the Tin Drum was indeed unconstitutional. You can read the complete story at http://www.oklahoman.com/. Note: The Daily Oklahoman normally only allows free access to its new stories for one day only. (I guess Eddie Gaylord, one of the richest man in the US, needs the money)

Answer:
What I find particularly interesting in the Daily Oklahoman is the following statement: Micheal Salem, one of Camfield's attorneys, said Thompson's ruling could allow the film to return to video stores in Oklahoma County. But that is unlikely to happen until Oklahoma County District Attorney Bob Macy agrees to forgo prosecution of anyone who possesses the film, he said. If I am reading this statement correctly, it sounds as if once the police return copies of the Tin Drum to the library and the video stores, they could turn around and then arrest them for possessing child pornography since the DA wants to prosecte. It doesn't sound as if Macy got the message. As I read this story, (and without seeing the court judgement) it sounds like the initial seisure was illegal since there had not been a formal court hearing to determine whether or not Tin Drum is actually child pornography. I.m not a lawyer, but it seems to me that the DA can't prosecute anyone there is no legal ruling on the Tin Drum. What is he planning to do, use the arrrest to force a ruling? One thing I do know -- Macy won't be getting my vote come election time.