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Originally Posted by Webby
OK... Assuming you are a lawyer if the nick is to be a guide...
What the hell has the "right to possess" got to do with "obscene publication"??
I'd go further and argue you have no right to possess in some instances - example: what laws apply where law enforcement seize child porn content from personally owned computers? (sorry - not familiar with US law in this instance).
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Child porn is not the same as "obscenity" and there is no right to possess child porn.
HOWEVER, the US Supremes did rule that adults can constitutionally possess otherwise obscene materials in their own homes. I just don't know the citation off hand~
The trouble is that even though they found a right to POSSESS obscene materials in the privacy of the home, they did not come to the conclusion that someone has to PRODUCE it first and that action should be protected also.
I am a lawyer in good standing in Iowa and Arizona. You might run into me in Amsterdam this week at the Webmaster Access show~