xevioso wrote:Sounds to me like both parties were in the wrong in some respects. Clearly the cops were not cool for demanding the piece be moved while allowing other pieces that were equally as offensive to some people to remain where it was.
Does the whole concept of the first amendment, and rights and responibilities of both citizens and the government completely elude most people?
The "coolness' of the cops is not at issue. Nor for that matter is whether or not other things are or are not demanded to be removed.
The deputies didn't have legal standing. Drama queens are ultimately the people who cause laws to be enforced or not enforced, complaints to be raised, cases to go to trial. It's not about balancing sides and "fairness".
Or maybe Rosa Parks, the Jehovahs Witnesses, One Magazine, and the Auroura were all Drama Queens.
NRS 201.241 Action to declare item or material obscene and obtain injunction.
1. The district attorney or city attorney of any county or city, respectively, in which there is an item or material which he believes to be obscene, may file a complaint in the district court seeking to have the item or material declared obscene and to enjoin the possessor and the owner from selling, renting, exhibiting, reproducing, manufacturing or distributing it and from possessing it for any purpose other than personal use.
2. In such an action, no temporary restraining order may be issued.
3. A trial on the merits must be held not earlier than 5 days after the answer is filed nor later than 35 days after the complaint is filed. The court shall render a decision within 2 days after the conclusion of the trial.
(Added to NRS by 1979, 363; A 1981, 1688)
NRS 201.243 Evidence probative of obscenity of material or item. In prosecutions under NRS 201.235 to 201.254, inclusive, evidence of circumstances of production, dissemination, sale or publicity of the material or item, which indicates it is being commercially exploited by the defendant for its prurient appeal, is probative of the obscenity of the material or item and can justify the conclusion that it is, taken as a whole, without serious literary, artistic, political or scientific value.
(Added to NRS by 1979, 364)
NRS 201.245 Surrender, seizure and destruction of obscene item or material; undertaking not required for injunction; defendant chargeable with knowledge of contents after service of summons and complaint.
1. If a final judgment declaring an item or material obscene is entered against its owner or possessor, the judgment shall contain a provision directing the owner or possessor to surrender to the sheriff of the county in which the action was brought the item or material declared obscene and a direction to the sheriff to seize and destroy it.
2. In any action brought to declare an item or material obscene, the district attorney or city attorney bringing the action is not required to file an undertaking before an injunction is issued.
3. A sheriff directed to seize an obscene item or material is not liable for damages sustained by reason of the injunction in cases where judgment ultimately is rendered in favor of the person, firm, association or corporation sought to be enjoined.
4. Every person, firm, association or corporation who sells, distributes, or acquires possession with intent to sell or distribute any allegedly obscene item or material, after service upon him of a summons and complaint in an action brought to declare an item or material obscene is chargeable with knowledge of the contents of the item or material.
(Added to NRS by 1979, 363)
note the role of the sheriff and his personnel in this process.