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Originally Posted by Snake Doctor
I agree with your point that the content is indeed extreme. The good news about that is that if they can't convict him on obscenity then they can't convict anyone.
Also, his videos don't have to have artistic value
There are 3 prongs to the Miller test. The burden of proof is on the government. They have to prove him guilty on ALL 3 POINTS.
He only has to prove his innocence on 1. (Actually he doesn't have to "prove" it, but I'm sure you get my point)
Also for the record, it can be literary, political, artistic, or scientific value.
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* Whether the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest,
* Whether the work depicts/describes, in a patently offensive way, sexual conduct or excretory functions[2] specifically defined by applicable state law,
* Whether the work, taken as a whole, lacks serious literary, artistic, political or scientific value. (This is also known as the (S)LAPS test- [Serious] Literary, Artistic, Political, Scientific).
So, which one do you think the government will fail on?