Justice….I know it when I see it!
Perplexed at the difficulty and perhaps irony, as well as a 50-year history of Supreme Court failures to provide a clear and precise definition of the word “pornography,” one Supreme Court Justice went on to make a landmark statement that will not soon be forgotten. Justice Stewart Potter was lamenting to a colleague in the 1964 Jacobellis v. Ohio case that once again the High Court was unable to articulate a clear and concise definition of “pornography.” In this meeting with his colleague, the two men agreed in principle that while they could not define pornography, they were quite certain they knew it when they saw it. Later that day, Justice Potter unilaterally produced a draft opinion concerning the Jacobellis v. Ohio decision that pontificated in a dogmatic way the notion that while he could not with any certainty provide a clear definition of the term pornography, he assured readers that, “I know it when I see it.” Basing criminal convictions on an authority’s ability to subjectively “know when they see” unprotected speech remained in vogue until the 1973 Miller v. California case wherein the court redefined the definition of obscenity. And so it is that many times I find myself in a much less dramatic yet similar situation to that of Justice Potter. The line between the letter of the law and justice is not always clear and distinct. Often there is room enough for opinion, and this flaw in the ability of the mind and the heart to close ranks leads at times to controversy. On many occasions I have had people come to me seeking justice based on their opinion that the law, rule or ordinance they are charged with violating is faulty. No matter how much time and effort I put into explaining, often in great detail, that I do not research, develop, write or necessarily even endorse the laws, Rules or Regulations that cover the Bay Point Community, this fact is often lost in the emotional exchange taking place. I do, and I will continue to, enforce any Rule or Regulation put forth by the BPCA Board of Directors that does not attempt to violate or supersede any State or Federal law. Writing and/or providing legal definition for all of the rules and regulations is the bailiwick of the BPCA Board of Directors so that task is for others to manage and tend to. However, while I have no intention of interfering with the application, enforcement or adjudication of our State and Federal Laws or the Rules and Regulations that govern the Bay Point Community, in other areas things are quite different. Much like the Rules and Regulations, I am not qualified nor do I have the aptitude or the ability to provide a clear, concise and enforceable definition of the word “justice.” but I have a strong belief in, and I think an understanding of, what justice is and how to apply it without interfering with the application, enforcement or adjudication of the law or Bay Point Rules and Regulations. So, much like Justice Potter who had trouble describing pornography, I have a problem describing justice–but then again, like Justice Potter, “I know it when I see it!” ■