Quote:
Originally posted by madthumbs
Yea, I know that basically ANY porn can be prosecuted for being obscene, and in the end, its 100% up to jury (community standards) as to whether or not that is actually obscene ...
I didn't elaborate enough on my question of 'how do they decide that?'. What I was getting at is, how do they decide what's obscene or not ..
Well, if it were a bunch of old people, they'd say it was obscene cause they are old and shit is way different now than 30 years ago.
If it were a bunch of 20-30 year olds, it has a high probability of not being obscene since we watch MTV constantly etc.
What it all boils down to, is obscenity is a matter of opinion that is tied directly to a persons morals & religion.
And morals & religion shouldn't have shit to do with whether or not something is legal.
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Bernstein made the case at the San Diego show that the Extreme Associates case was very important to our industry because it is the first time that specific kinds of content will be judged, e.g. fisting, rough sex, pissing, etc. If these are ruled obscene then we will know where the true bar is set. On the other hand if Free Speech prevails then there is truly no obscenity.
In my opinion, there can be no obscenity. Everyone has a right to their own tastes as long as there is no non-censentual bodily harm.