Quote:
Originally posted by Kimmykim
[url]And here's another little secret -- in the states, somewhere, in some locale, EVERY website with naked people on it would fail an obscenity test in court.
|
This little fact has worried me from the beginning. All it would take is one overzealous Bible Belt prosecutor to prosecute damn near everything as obscenity. There is nothing to prevent you from being tried for obscenity outside of your residential jurisdiction.
I believe the SCOTUS ruled (COPA case?) that the chilling effect created by the fact porn produced in the most liberal areas of the country could be prosecuted under the Miller test in the most conservative.. essentially creating a system where the entire nations "community standards" are dictated by the Bible Belters.. was not in and of itself unconsitutional, and not the reason COPA (Or maybe it was CIPA.. I forget) was sent back.