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Originally Posted by chadknowslaw
This is the problem! There is no real definition of "obscene". "Obscene" is what a randomly chosen group of 12 people think it is. Those 12 random people taken from rural Pennsylvania will probably be easily convinced a woman shoving her hand up another woman's ass, pulling out some shit and then licking it off her fingers is obscene. But take 12 randomly selected people from the Tenderloin district in San Francisco and I doubt all 12 would agree. 50 years ago 12 people taken from rural Pennsylvania would probably have no problem determining that licking pussy was so obscene the producer should be put in prison. Obscene is not a line that is crossed, it is a moving standard that can catch everybody at some point.
If we continue to accept that obscenity can be judged based on subjective feelings or how it turns our stomach vs. turns us on, then we will always be in danger of it being ourselves in the hot seat.
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I don't argree there either. There would be no 12 "random" people. I am not an attorney but there is such a thing as voir dire correct? I am sure from a jury pool a good attorney in any location can manage to get one person on the jury who repersents what an average person in the US feels about sexual activities. Even if you are in rural Pennsylvania.