Quote:
Originally posted by emmanuelle
The 1973 landmark case, Miller v. California, supra (as modified by two subsequent cases) established a three-pronged test for determining whether a "work" (i.e., material or performance) is obscene and, therefore, unprotected by the First Amendment. To be obscene, a judge and/or a jury must determine:
1. That the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest; AND
2. That the work depicts or describes in a patently offensive way, as measured by contemporary community standards, sexual conduct specifically defined by the applicable law; AND
3. That a reasonable person would find that the work, taken as a whole, lacks serious literary, artistic, political and scientific value.
Therefore- most of you people using popular movie examples are comparing apples to oranges. A gory movie is not judged obscene, because the offensive scene is only one part of a collective work.
This photoset however, is entirely comprised of images that lack serious literary, artistic, political and scientific value.
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so christian bale, the directors and producers of american psycho (or any other movie of equal shock and gore) can all claim artistic, political and scientific value with the murder scenes? interesting.
i guess there is artistic, political and scientific value in a freddy vs jason movie or even a movie such as 21 grams?
i dont agree with that pic and i think those who get off to that type of stuff should be shot BUT who are you, me, any of us here or the govt to judge and make a decision on what we should view? what happen to freedom of speech, freedom of expression?
the hypocritial comments i see in this post amazes me. you can shoot girls shoving 14 inch dildos in their asses or getting a facial from 45 guys; even better yet, you can promote those sites who buy the content from producers who shoot said content YET it is wrong to photograph a woman in the position she was photographed in. are you kidding me with this?
what you, I or the person in another state may not like or agree with may very well not be the opinion of the person that is in that position being photographed and it is very well not the opinion of the person viewing said content. who the hell are we to impose our opinions on others and deem it the law. christ, being in the adult business one would think eyes would be more wide open and things would be more understood.
i have found quite the opposite. i see more people on their soapboxes when the soapbox should be kicked out from underneath. YOU ARE PORN PRODUCER OR PROMOTER AND THIS IS WHAT IS PAYING YOUR DAY TO DAY LIVING...dont preach and expect someone to respect that preaching cause you cannot have it both ways.
who are you, i or anyone to decide if that photo lacks value in any venue? we arent anyone therefore all we are doing is imposing our opinion (of which we have a right to) and opinions mean nothing in the grand scheme of things.