An Obscene Endorsement

Saturday's Tribune has a profile of County Attorney Candidate Tim Nelson, and it includes this bizarre endorsement from Governor Napolitano.

"You know it when you see it," Napolitano said at a campaign rally in May. "And I've seen it in Tim Nelson."

The phrase "I know it when I see it" is perhaps the most famous single phrase in Constitutional law.  Every lawyer knows that the phrase is Justice Potter Stewart's test for obscene material.  Pornography is protected by the first amendment, but obscenity isn't.  So how can you tell if something is obscene instead of merely pornographic?  You know it when you see it.

Comments

[Conservativo]

You neglected to refer back to your post on the adult entertainment store putting up a sign for Nelson - http://coaching.typepad.com/espresso_pundit/2008/08/well-every-cand.html
Goes to show there's definitely a deeper meaning behind the way Napolitano phrased that endorsement! Wonder if it's all connected - Nelson worked for the ACLU (http://aclutimwillsayanythingtogetelected.blogspot.com) and the ACLU represented NAMBLA. Does Nelson think there's a line between working for the ACLU and representing NAMBLA? Or does he think he'll recognize the difference when he sees it? Makes you wonder.

[North Valley Republican]

That turn of phrases is funny. Unfortunately, I think it was more a Freudian slip by the gov than a mere platitude. Can you imagine any adult business "backing" a candidate for County Attorney? It's bizarre.

[Mesa Republican George]

Party politics aside, Tim Nelson is one of the best attorneys I know in terms of his intelligence, experience, and skill in the practice of law. Andrew Thomas is one of the worst. If you want a county attorney who may be diciplined by the state bar, go ahead and vote for Thomas but I think he is a disgrace to the profession.

[Thane Eichenauer]

NVR asks "Can you imagine any adult business 'backing' a candidate for County Attorney?"

The answer is yes, if that candidate is named Michael Kielsky.

http://kielsky.com/elect/issues.shtml

FYI another term for an adult business is a lawful enterprise offering products and services for a fee.

In America, life, liberty and the pursuit of happiness (especially adult hapiness) is something we should all defend.

http://en.wikipedia.org/wiki/Life,_liberty_and_the_pursuit_of_happiness

[ron]

Thane,

Michael K is running as Libertarian for Maricopa county attorney; his wife, Rachel, is running as Libertarian for Maricopa School Superintendent. Right off the bat in her website she says she is anti-public school.

If she wins, and he wins, how does he recuse himself from any legal action on her behalf?

[Thane Eichenauer]

Hello Ron,
Pardon me, but I don't believe that I fully understand your question. Libertarians being more likely that most (in my opinion) to be constitution abiding and law abiding than the average elected Andrew or Janet I would imagine there would be rather fewer legal actions against the Superintendent than the previous holders of county elected offices.

Even so I don't see that recusal would be needed but there are plenty of options should such a situation be desirable. Much though I hate to use our current Sheriff and County Attorney are examples, there are such arrangements as having another government entity handle defense or having defense contracted to a private law firm.

[Patrick]

This really shouldn't be a partisan job. Enforce the law as it is written but use your resources in a way that puts priority with those cases where our safety is most threatened. I don't think Thomas has done that. Romley did. I think Nelson would. He gets my vote, regardless of party.

[Name:]

Well, if one branch of government could or would enforce the law as written we wouldn't need judges. Or police. That branch could just shoot to kill. In the mean time why are some people willing to give all power over to the state bar?

[ron]

Name, actually your thoughts are not historically out of line. If the constitution had been written in 1684 in stead of 1784, we would not have a three-branch government. The Puritans who came here in the 1600s actually had a very optimistic view of human nature and believed that 'godly men' (note the phrase) would lead their lives and the community in accordance with the10 commandments. Unfotunately, their optimism was soon soured as men were not quite as godly as they thought. The result was the 'Great Awakening' which rediscovered the doctrine of human depravity. If men have capacity for evil, men need to have a check on their behavior. The result is that we have a government which has three branches to serve as a check and balance on each other.

[Simon says:]

Gerald Richard is actually a great Democrat candidate for this office. If Nelson were not the Governor's boy, this primary race would (and should) be a lot more competitive