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I'm not an attorney, but I think I know this: "Pornography is legal. Obscenity is not." What is obscene is determined locally. There may or may not be a law against obscenity in certain jurisdictions. It doesn't matter: it can still be found obscene by a local cop or prosecutor, passed along to the courts, and found obscene by a judge or jury.
So, perhaps the question shouldn't be "Is it legal" but rather "Is it advisable?" And the answer for me would be no.
BTW, it is said that as long as the thumb is outside the aperture, it isn't fisting. I think that's a definition used in some jurisdictions, but I'm also not sure that having the thumb out will save your ass in a court in Chicken Gizzard, Arkansas.
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