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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I think you answered your own question. It's the jury that will determine the community standard and obsenity in the end. What's deemed obsene in one state could be perfectly fine in another, it all depends on the community.
WG