Originally Posted by theking

A prosecutor (either county or state)...in all states...is the initial determiner of what is "obscene" based upon what he believes violates community standards and in some states his determination will be placed before a Grand Jury then they become the determiner of what they believe violates community standards. At trial in most states seat a jury of 12 (some states have a jury of 6) then they become the determiners of what they believe violates community standards.

The prosecutor does not have to prove that members of your community do not view porn (btw...it is a relatively small percentage of people that view porn on any kind of regular basis) and the prosecutor does not have to prove that the pornographer knew that his product was "obscene". All a prosecutor has to do is have a jury agree that it is obscene.

That is our system...that is the law as decided by the Federal Supreme court.