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Originally Posted by chadknowslaw
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~
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Got ya!
So someone elected to make a difference between CP and "obscenity" at some point? (Sorry - deverting into US law)
Sure.. can see personal protections for whatever content privately held by individuals - this seems fairly common in most western countries.
Well... tho I'm in the adult biz and in a way speaking against it - can see why a court would not give rights to publish content which people may have a desire to have in their homes.
That would open the possibility of *any* content being published - porn, racist etc and, presumably the rights to "thrust it down throats" since it's "legal". Don't think that horse would run
