A swingers club in Connecticut was the subject of a police investigation and raid. Nothing too unusual there. It happens all the time. A bunch of consenting adults rented out a bar, only allowed people to attend if they signed up and joined their group, and the
fucking jackbooted nazis police couldn’t stand the thought of consenting adults fucking at a private party.
What I find remarkable about the case is that the police have charged a photographer at the event with obscenity. (source)
David and Tania Shadowfax were the photographers at the event.
The couple led a game of “rings” at the November event attended by undercover local police and liquor control agents. The objective of the game was for a woman to grab the most men she could and get five sexy pictures taken with them, according to an arrest affidavit. According to his arrest affidavit, David Shadowfax has thousands of photos stored in his computer showing women, including his wife, engaging in sexual activity at one or more “swingers” parties. (source)
The Shadowfaxes were charged with violating Connecticut’s obscenity statute. Let us presume, for the sake of argument, that the Shadowfaxes photographs were, indeed, legally obscene. I question whether the Shadowfaxes could be properly charged with violating the obscenity laws for possession of photographs that they took themselves — obscene or not. See Stanley v. Georgia, 394 U.S. 557 (1969). Under that case, the Supreme Court held that the First Amendment prohibits a state from making mere possession of obscene photographs a crime. “If the First Amendment means anything, it means that a State has no business telling a man, sitting alone in his own house, what books he may read or what films he may watch. Our whole constitutional heritage rebels at the thought of giving government the power to control men’s minds.”