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Old 05-29-2008, 09:01 PM  
kane
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Join Date: Aug 2001
Location: portland, OR
Posts: 20,684
Quote:
If the defense can show (and is allowed to present evidence to the effect) that Tampa residents have been downloading similar materials hand over fist, that could aid their argument that the videos are not patently offensive to enough of the community that the overall community's standard should be interpreted as 'loose' enough to tolerate content like Max's.
This actually happened in a case in Utah a few years back. A small video store owner was dragged into court for having a few porn movies for rent (literally about a dozen or so titles) anyway, his defense attorney during his second trial (the first ended in a hung jury) found out how many pay per view movies were ordered at hotels and how many were available in the area. He also found out how many cable and satellite pay per view movies were ordered in the city, Provo, and how it compared to the national average. It turned out that city bought pay per view porn at a rate three or four times the national average. During his closing he told the jury if your neighbors are ordering pay per view porn at 3-4 times the national average then clearly the community is not offended by it. They found him innocent. He was bankrupt, but innocent.
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