"the 5-4 court decided to legislate from the bench in deciding what is "appropriate"&quo t;

I said you can argue all you want about whether this was C&U punishment but you can't call it legislating from the bench.  It is in their purview, period.  There is a big difference in arguing over functionality and arguing over where a line should be drawn.

Oh, and I suppose you want Rush shot on national TV for exploiting those little girl hookers he likes to frequent  in the Carribbean?  Or is it only American children who deserve protection?