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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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you have yet to explain why this "notion" of "obscenity" is unconstitutional. i have never said it can't be.
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Obscene IS an obscure notion, because it has no definition. The miller test is a method to determine AFTER THE FACT if something WAS obscene, and it strictly depends on oppinion, of people that as a rule aren't there aforehand.
For a comparison, drunk driving is NOT an obscure notion, because it has a definiton (the action of operating a vehicle on public roads while carrying more than x parts per million alcohol in the bloodstream).
The test for it (breathalyzer) is a method to determine at any point if someone is drunk, and it does not depend on the opinion of anyone, being a scientifical measurement. Alternative tests can be designed by anyone, and their accuracy can be logically assesed by anyone else.
Similarly, going over the speed limit is NOT an obscure notion, because it has a definition (the action of opperating a vehicle at a speed exceeding x miles an hour on public roads).
The test for it (radar) is a method to determine at any point if someone is going over the limit, and it does not depend on the opinion of anyone, being a scientifical measurement. Alternative tests can be designed by anyone, and their accuracy can be logically assesed by anyone else.
Proving that either the brethalyser used in any given ticket, or the radar instrument, were NOT operating scientifically, but really just based on the opinion of their operator is the most common cause for tickets/convictions being thrown out in court. In fact, if you get a speeding ticket and can prove just that the radar used hasn't been checked in x time, you are as a rule off the hook.
Mull on that for a second.
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Originally Posted by Pleasurepays
imagine that!!!
democracy in action.
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.
crazy notion.
sounds a lot like freedom to me.
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You then simply do not understand what freedom is. Freedom is not a right of the community, but a right of individuals. Further, the law exists to protect individuals from encroachment against their rights by communities, be they a county, a state or the federal government.
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interesting that you guys want to ramble on about "freedom" and can't respect that of others.
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The others do not have the right to select individuals they consider are weak enough, or unpopular enough, and buldgeon on them. Why would you think otherwise is beyond me.
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its not like people are getting arrested for sticking their penis in another consenting adult here.
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It is EXACTLY like that.
With a cheer to SnakeDoctor's respectable points on the vagueness doctrine, and the Scott citizenship case.