stocktrader23

Here is one article I can think of off hand. It's an interview with Bruce Taylor the attorney general in the 90's. It's long but a very interesting read.

http://www.pbs.org/wgbh/pages/frontl...ws/taylor.html


Here is a small part of it.

Is the definition of hardcore a moving definition now?

I think the definition of hardcore has not changed since the Supreme Court started talking about it in the 1960s. Back in those years, in the Warren court, Frankfurter and Black and a lot of the more famous judges were instrumental in defining obscenity in the early days. They used to draw a distinction between the state's ability and the state's right to have obscenity laws that applied to maybe hardcore and softcore pornography -- more simulated than actual, not penetration.

But they also came to the conclusion that that it should be limited to hardcore pornography for the federal constitution and the federal law. Some of the states went that way, too. California and New York said, "Our obscenity laws only apply to hardcore pornography." They were talking about actual sex acts, people really doing it on the set, rather than acting on the set. If somebody made a movie, an R-rated love scene, where they were sort of naked and pretending to have sex, that's acting. But in the hardcore film, nobody's acting. It's prostitution.

... So, to me, hardcore pornography -- under the definition used by the Supreme Court, with penetration clearly visible -- is the kind of material we prosecuted in Cleveland. It's the kind that all the federal courts have prosecuted since Deep Throat and a lot of those regular movies.

And it is still the standard by which the Justice Department and most prosecutors enforce obscenity laws anywhere in this country. ... That's why we could say safely, without blaspheming or defaming anybody, that just about everything on the Internet and almost everything in the video stores and everything in the adult bookstores is still prosecutable -- illegal obscenity.


Just to be clear about it for people -- is any kind of oral sex the equivalent of penetration?

The Supreme Court in 1973 also gave us some examples of the kind of sexual conduct that could be found to be obscene by the jury. They said it could be ultimate sexual acts, normal or perverted, actual or simulated, and it could include masturbation, excretory functions, and lewd exhibitions of the genitals.

Because it includes lewd exhibition of the genitals and descriptions of sexual acts, magazines like Hustler and Penthouse have been found obscene by state and federal courts back in the 1970s and 1980s. But because they said that it could be actual or simulated, the states could go after simulated sex. Some of the cable versions of porno movies are prosecutable, and some prosecutors have prosecuted and gotten indictments against some of the Playboy Channel films and cable companies in years past.

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