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Originally Posted by Pleasurepays
"obscene" isn't an obscure "notion" - the Miller Test and case law give you a pretty clear idea of what criteria something must meet to be obscene.. furthermore, the supreme court has ruled that each community has the right to decide for themselves what "obscene" is..
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It does? What defines those community standards? Is it if 5% of the people like it, 10%, or do you need a majority of the community to agree that it is acceptable. Furthermore, what is the definition of artistic value? There are many things in this world that I don't find artistic that others do, and vice versa.
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Originally Posted by Pleasurepays
democracy in action.
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We aren't a democracy though. In fact our courts aren't even setup like one as you need a unanimous vote.
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Originally Posted by Pleasurepays
the judges in their wisdom understood that since every community is different and has different values, they should have the right to decide for themselves what is obscene.
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But they haven't decided what is obscene. They make it up as they go along. If there was a law on the books that said "such and such is obscene and cannot be distributed in our city", then that makes more sense. If this community standard approach was used on other laws, there are parts of this country that would still allow you to lynch a black man.
But the biggest problem people have with this is that it's outdated. By the Miller Test, every single person here who produces some form of pornography is guilty of obscenity if they're on the internet. I can pick out the most conservative areas of the country, ask them if this meets their community standards, and they'll say no. You don't think it's a bit crazy that producing porn thousands of miles away can be illegal if one community in this country doesn't approve? That to me is having a few small communities telling the rest of the world what is acceptable.
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Originally Posted by Pleasurepays
sounds a lot like freedom to me.
interesting that you guys want to ramble on about "freedom" and can't respect that of others.
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It's actually the opposite. It's suppressing a minority opinion. No one has disrespected the freedom of anyone in Tampa. They were not forced to watch the videos, buy the videos, or even know about the videos. They have lost no freedom. As for choosing their standards of life, they are free just like everyone else to vote for representatives who will change the laws and constitution to meet their wishes.
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Originally Posted by Pleasurepays
i am not defending anything. i am simply picking on a bunch of jackasses that line up behind the worst of the worst... people that will destroy your livelihood and defend them as they invite the federal government and prosecutions into your life and scream "fuck the world" as they do it, on your behalf with you forcing yourself into the position of taking his side.
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I understand your viewpoint from a professional perspective. But I also know that you can't be for freedom of speech/expression without defending the craziest forms of it. I think the KKK is an abomination, but I respect their right to say what they want. No one in this country should have their speech/expression considered illegal because a majority of people don't like it. That's fascism, not freedom.