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Old 11-11-2002, 09:25 AM  
DragonAss
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Join Date: May 2001
Location: Philly, PA USA
Posts: 206
Where does this law come from?

I know, I know... I'm on legal kick lately.

I'd imagine this law's been around for a little while but I searched congress to find out when/how this went into effect... to no avail. Does anyone know how to cross reference the US Code at Cornell Law with the Thomas Library of Congress other than searching for keywords? The whole "obscene" set of laws is pretty fucked up... but, despite its arguable relativity to physical goods only, this one carries the gist of them all:

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Sec. 1462. - Importation or transportation of obscene matters

Whoever brings into the United States, or any place subject to the jurisdiction thereof, or knowingly uses any express company or other common carrier or interactive computer service (as defined in section 230(e)(2) [1] of the Communications Act of 1934), for carriage in interstate or foreign commerce -

(a)

any obscene, lewd, lascivious, or filthy book, pamphlet, picture, motion-picture film, paper, letter, writing, print, or other matter of indecent character; or

(b)

any obscene, lewd, lascivious, or filthy phonograph recording, electrical transcription, or other article or thing capable of producing sound; or

(c)

any drug, medicine, article, or thing designed, adapted, or intended for producing abortion, or for any indecent or immoral use; or any written or printed card, letter, circular, book, pamphlet, advertisement, or notice of any kind giving information, directly or indirectly, where, how, or of whom, or by what means any of such mentioned articles, matters, or things may be obtained or made; or


Whoever knowingly takes or receives, from such express company or other common carrier or interactive computer service (as defined in section 230(e)(2) [1] of the Communications Act of 1934) any matter or thing the carriage or importation of which is herein made unlawful -


Shall be fined under this title or imprisoned not more than five years, or both, for the first such offense and shall be fined under this title or imprisoned not more than ten years, or both, for each such offense thereafter


http://www4.law.cornell.edu/uscode/18/pIch71.html (§1462)
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I mean come on. Outlaw anything made "for any indecent or immoral use" ... "or other matter of indecent character"?! Yeah, now there's a congressional team of experts who worked this obscenty thing down to a legal science. Fucking retards.

Couldn't, nay, shouldn't most of this garbage be struck down as unconstitutional? I thought Flynt went through much of this type of crap and emerged victorious? What'd I miss?

If anyone can learn me gooder with a url (articles, case law, databases, etc), it'd be appreciated.
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