Quote:
Originally posted by horns
Where in the hell are you getting this stuff? If it's from a lawyer, fire him immediately.
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Many people here will tell you the same.
http://www.obscenitycrimes.org/RogerYoung.cfm
The important part.
MIM: From your experience, could you -- discreetly -- describe what obscene material typically consists of?
RY: Yes. First, the pornographers and their attorneys have done an unbelievable job of deceiving, confusing and causing doubt in prosecutors, investigators, judges and the general public-so much so that basically good people have often thrown out common sense and decency, not understanding what hardcore pornography is all about. Rest assured, pornographers don't want people to be educated about this.
Basically, obscenity is hard-core material, where there's some type of sexual conduct occurring. From the various court decisions over the years, the legal definition of obscenity has been established. It's a three-prong test. The first two prongs are measured by community standards. The first prong asks whether the average person, applying the standards within their community, would find that the pornography in question, taken as a whole, appeals to a prurient interest. People get confused-they say, "What is that?" That's a lustful or a morbid or a shameful desire.
The second prong, also based on community standards, asks whether the work dhahahahats or describes sexual conduct in a patently offensive way. "Patently" means "clearly"-a clearly offensive way to the viewer. This includes, but is not limited, to representations of ultimate sex acts, normal or perverted, actual or simulated; also masturbation, excretory functions, lewd exhibition of the genitalia, and sadomasochism.
The third part of the obscenity test asks whether a reasonable person, looking at the material taken as a whole, would determine that the material lacks serious literary, artistic, political or scientific value. Community standards aren't applied here.
When I teach classes -- at a university, or at the Judicial College at the University of Nevada at Reno -- I say, "Well, why was this material made? For some literary prize or newspaper article? Was it made to hang in an art museum or for some artistic prize? Was it made for some political campaign? Was it made by doctors licensed by the medical board to help people with sexual dysfunctions?"