petition

[Naughty n Nice]

PETITION TO ENFORCE OBSCENE/CHILD PORN LAWS http://www.obscenitycrimes.org/petition/petition1.cfm

 

[sexy-girl]

i wouldnt vote on a petition unless i knew more about it ... reading that page quickly it didnt seem to give all that much info

 

[Guest]

I no Americaan, ya?

 

[Weird Harold]

PETITION TO ENFORCE OBSCENE/CHILD PORN LAWS

Not just no, but hell no!

I see no reason to offer any support of any kind to an organization (Morality In Media) dedicted to shutting down places like Literotica and telling me what I can and can't read or view.

I am NOT in favor of child pornography, but I'm not stupid enough to believe that "signing" that petition against "obscenity" is going to do anything except encourage more restrictions on ALL "pornography" right down to clothing catalogues and baby pictures.

 

[Lasher]

It's interesting that this scary bastards use the term "obscene" in their petition and don't specifically target pornography. If you dig around their site a little bit you'll see that they do finally admit that the Supreme Court has repeatedly ruled that not all Pornography is Obscene. In fact, the finally even mention that to determine if something is Obscene you have to apply these three conditions from the Miller vs. California ruling:

To be obscene, a judge and/or a jury must determine:

1. That the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest; AND

2. That the work depicts or describes in a patently offensive way, as measured by contemporary community standards, sexual conduct specifically defined by the applicable law; AND

3. That a reasonable person would find that the work, taken as a whole, lacks serious literary, artistic, political and scientific value.


After reading that, here's what I'm wondering. For a place like Literotica with a readership that exceeds the population of a medium sized city on a daily basis, who's Community Standards would you apply? Not being a lawyer, I'm just wondering how difficult it would be to argue that the readership of the site itself constitutes a community and that those Community Standards should be based on this. Probably wouldn't get very far with that, and I have a feeling that the applied Community Standards would be those of the jurisdiction in which a suit would be heard, but it's just something I thought I'd throw out there.

Btw, if you do apply the above test Lit doesn't have a chance in hell of being ruled Obscene, specifically as regards to #3.

 

[April]

I think the general fear is that the strictest community standards would apply. But how that affects an international membership, I don't know.

 

[Weird Harold]

I think the general fear is that the strictest community standards would apply. But how that affects an international membership, I don't know.

It's not a "general fear" but a logical deduction. If the internet is subject to local laws, then bringing suit or charges in the jurisdiction most favorable to your case is only logical.

I think I would certainly test Lasher's "online community" defense if I had to pay a lawyer anyway.

 

[Guru]

 

[April]

I think "Naughty n Nice" is obscenely stupid.

What do you expect from a spammer?