PJ Gilbert's Under Submission column in the DJ this month is titled Obscenity.
The Jacobellis case illustrates the law is dynamic, reflecting changing mores and societal attitudes, often with the judiciary playing catch-up. At his confirmation hearing, then Chief Justice John Roberts designate must have had his tongue inching along his cheek when he informed the inquiring senators that the Supreme Court calls "balls and strikes." Yes, but it also changes the rules of the game.