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Originally Posted by basschick
obscenity is NOT protected by the first amendment. also, earlier this year the powers that be were trying to redefine porn as an addiction, making it a medical problem - also not protected by the first amendment.
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There is so such thing as "obscenity"; that is just an undefinable nonsense word used to try and exempt undesirable or unpopular types of expression from constitutional protection.
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Originally Posted by basschick
as far as burden of proof, if a law says you must have a certain disclaimer on each page of your website - or must have i.d. organized in a certain fashion, that is the law you are violating - not the age of the models.
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And I am suggesting the government has no right to make a law regulating how art can be produced or distributed. While it's obviously smart to keep proof that you didn't violate a minor, incase you have to defend yourself against that charge, a law (2257) specifically created to shift the burden of proof onto the defendant cannot be constitutional.
And I would wonder if the government doesn't already know that? If noone has ever been prosecuted for breaking their 'prove you're not a pedophile' law.