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Jennifer Shaffer, who retired last year as the executive officer of the Board of Parole Hearings, said the updated guidelines would follow the comprehensive risk assessments used in parole hearings by the board — whose commissioners include former wardens, correctional officers, criminologists and psychologists — to determine public safety risk.

The governor’s changes could also help bridge a disparity gap between those who have committed similar crimes but received different sentences, Shaffer said.

“This is an opportunity. This is not release,” Shaffer said.

Free Speech Coalition attorney Derek Shaffer noted that several of the websites feature non-pornographic content in their blogs and podcasts, leading Alito to ask if any public intellectuals are well-known for their work on the adult tube site.

Shaffer didn't want to stretch the truth, balking at both Alito's repeated guesses as to what percentage of Pornhub was pornographic and his hypothetical haven of internet-age literati among the smut.