Legal Laws for obscene acts (by a lawyer)

[mary34d]

Brief Answer:

7. "Some people want to abuse you. Others want to be abused by you." The area of bondage, domination, and sado-masochism, along with torture and abuse in a sexual context and sex involving excretory activity present the most common garden-variety materials that suggest obscenity to the prosecutorial and law enforcement mind. Especially if BDSM participants are gay or trans-sexual, or in the South, interracial. Going hand-in-hand with these matters are the images of unusual insertions of such things as fists and baseball bats into bodily apertures that most people would think aren't big enough to fit them comfortably, let alone pleasurably. Also traveling in the same pack are gangbang and bukake images. My advice to the content provider, distributor, and retailer is pretty simple. If it's difficult or impossible to imagine as part of what otherwise healthy people do in a healthy relationship to make the other person happy, it is dangerous, and you will proceed in that territory at the risk of arrest, embarrassment to your family, an expensive defense, and possible conviction. http://my.execpc.com/~xxxlaw/7circles.html

More Comprehensive and better answer:

There are certain unavoidable uncertainties inherent in conducting an online adult business, uncertainties that loom should loom on one level or another in the consciousness of everyone involved in this industry. Chief among these unsettled issues is the tenuous and uncertain line at which constitutionally protected erotic speech can cross the boundary into unprotected criminal obscenity. There is not even a prominent "sign post up ahead" as Rod Serling spoke of, though the place where the adult webmasters and content providers make their living surely can resemble a legal twilight zone, nonetheless. There are no speed limit signs here. It might be convenient for the producer if there was a "three finger" rule or the like, but they just don't exist in the world of adult erotic expression under the First Amendment, and they can't.

This issue becomes critical to content providers and webmasters because, in the economy of attracting customers to a particular site, the appearance is that it is far easier from a technical, marketing, and creative perspective to offer so-called "extreme" content than it is to compete in quality. Apparently painful insertions of anatomical parts and man-made objects into orifices seemingly too small to comfortably accept them, gag-inducing felations, and the like - all passing these days as "extreme content" - will always attract a crowd just as injury car accidents do, and perhaps for the same dark reasons deeply within the human soul. It cannot be categorically stated that graphic depictions of any of the acts that pass as "extreme" are, in isolation from their context, obscene: No fixed rule describing specific conduct as obscene per se could remain fixed for long.

Why There Are No Fast and Fixed Rules Prohibiting Certain Adult Sexual Depictions

This is because there is an important social dimension to free speech under our constitution that makes any such "bright line" rule with respect to adult pornography impossible. One unchanging axiom that runs through all of the Supreme Court cases dealing with obscenity in the modern era is that no work can be proscribed and criminally outlawed if, taken as a whole, it has serious literary, artistic, or scientific value. Were it possible to ban speech with serious value, American society itself would become the victim of censorship though its loss of a work of serious value, and that is a result that the constitution cannot permit.

The creativity applied in human expression can be so dynamic and so elastic that it is virtually impossible to conceive of a particular sexual act or depiction that categorically could not ever become an essential and integrated part of a work worthy of social acceptance as literature of value. If you can imagine an act that disgusts you, I can imagine a literary setting that would not only justify its graphic depiction, but mandate it: Not only is one man's erotica another man's bellylaugh, but it may be part of yet another person's epic poetry. There is no variety of coupling so degenerate, no rape so vile, no practice so hopelessly perverted, that its graphic depiction could not become the pivotal and defining moment of serious drama in a work that has something of significance to say about the human condition. However, the corollary principle is that it may take quite a bit of contextual value to establish the serious value of a work containing material capable of truly shocking the contemporary viewer. Literary aims, serious literary accomplishment, and mere pretext are all different things; The distinctions among these categories is unlikely to be lost on a prosecutor or a jury. The publication of a serious work of literature in the common domain interspersed with unrelated lurid images of a nature and character that would otherwise render them obscene is still likely to form an obscene whole. Keep in mind that if the graphic content is extreme enough, it may be close to impossible to imagine, conceive, and execute a work of serious literary value, which simultaneously integrates that extreme content in a real and nonpretextual manner and yet has commercial value and worth in the realm of the contemporary adult internet. The use of images of bestiality comes to mind as one of those extreme matters whose inclusion in a work would present a most serious challenge to the aspiring author of serious nonpretextual literature, and to the advocate in the defense, in any readily imaginable context. http://www.adultbuzz.com/070302/062802_1.html

All the best,

Joe Obenberger



--
J. D. Obenberger and Associates
Attorneys and Counselors at Law
3700 Three First National Plaza
70 West Madison Street
Chicago, IL 60602

Telephone 312.558.6420
Fax 312.558.7773
JDO Cellular Phone 312.405.6420
JDO Pager 312.426.6420

http://www.xxxlaw.net http://www.adultinternetlaw.com

[Jaden]

great read...thanks Mary

[mary34d]

Originally posted by Jaden
great read...thanks Mary

NP.

[latinasojourn]

well my stuff is mostly softcore and artistic so i don't worry much about this.

but i have heard this guy speak (Joe Obenberger) on an internet radio show re: obscenity law, and IF i ever needed an attorney to represent me, he would be the one.

Originally posted by mary34d
Brief Answer:

7. "Some people want to abuse you. Others want to be abused by you." The area of bondage, domination, and sado-masochism, along with torture and abuse in a sexual context and sex involving excretory activity present the most common garden-variety materials that suggest obscenity to the prosecutorial and law enforcement mind. Especially if BDSM participants are gay or trans-sexual, or in the South, interracial. Going hand-in-hand with these matters are the images of unusual insertions of such things as fists and baseball bats into bodily apertures that most people would think aren't big enough to fit them comfortably, let alone pleasurably. Also traveling in the same pack are gangbang and bukake images. My advice to the content provider, distributor, and retailer is pretty simple. If it's difficult or impossible to imagine as part of what otherwise healthy people do in a healthy relationship to make the other person happy, it is dangerous, and you will proceed in that territory at the risk of arrest, embarrassment to your family, an expensive defense, and possible conviction. http://my.execpc.com/~xxxlaw/7circles.html

More Comprehensive and better answer:

There are certain unavoidable uncertainties inherent in conducting an online adult business, uncertainties that loom should loom on one level or another in the consciousness of everyone involved in this industry. Chief among these unsettled issues is the tenuous and uncertain line at which constitutionally protected erotic speech can cross the boundary into unprotected criminal obscenity. There is not even a prominent "sign post up ahead" as Rod Serling spoke of, though the place where the adult webmasters and content providers make their living surely can resemble a legal twilight zone, nonetheless. There are no speed limit signs here. It might be convenient for the producer if there was a "three finger" rule or the like, but they just don't exist in the world of adult erotic expression under the First Amendment, and they can't.

This issue becomes critical to content providers and webmasters because, in the economy of attracting customers to a particular site, the appearance is that it is far easier from a technical, marketing, and creative perspective to offer so-called "extreme" content than it is to compete in quality. Apparently painful insertions of anatomical parts and man-made objects into orifices seemingly too small to comfortably accept them, gag-inducing felations, and the like - all passing these days as "extreme content" - will always attract a crowd just as injury car accidents do, and perhaps for the same dark reasons deeply within the human soul. It cannot be categorically stated that graphic depictions of any of the acts that pass as "extreme" are, in isolation from their context, obscene: No fixed rule describing specific conduct as obscene per se could remain fixed for long.

Why There Are No Fast and Fixed Rules Prohibiting Certain Adult Sexual Depictions

This is because there is an important social dimension to free speech under our constitution that makes any such "bright line" rule with respect to adult pornography impossible. One unchanging axiom that runs through all of the Supreme Court cases dealing with obscenity in the modern era is that no work can be proscribed and criminally outlawed if, taken as a whole, it has serious literary, artistic, or scientific value. Were it possible to ban speech with serious value, American society itself would become the victim of censorship though its loss of a work of serious value, and that is a result that the constitution cannot permit.

The creativity applied in human expression can be so dynamic and so elastic that it is virtually impossible to conceive of a particular sexual act or depiction that categorically could not ever become an essential and integrated part of a work worthy of social acceptance as literature of value. If you can imagine an act that disgusts you, I can imagine a literary setting that would not only justify its graphic depiction, but mandate it: Not only is one man's erotica another man's bellylaugh, but it may be part of yet another person's epic poetry. There is no variety of coupling so degenerate, no rape so vile, no practice so hopelessly perverted, that its graphic depiction could not become the pivotal and defining moment of serious drama in a work that has something of significance to say about the human condition. However, the corollary principle is that it may take quite a bit of contextual value to establish the serious value of a work containing material capable of truly shocking the contemporary viewer. Literary aims, serious literary accomplishment, and mere pretext are all different things; The distinctions among these categories is unlikely to be lost on a prosecutor or a jury. The publication of a serious work of literature in the common domain interspersed with unrelated lurid images of a nature and character that would otherwise render them obscene is still likely to form an obscene whole. Keep in mind that if the graphic content is extreme enough, it may be close to impossible to imagine, conceive, and execute a work of serious literary value, which simultaneously integrates that extreme content in a real and nonpretextual manner and yet has commercial value and worth in the realm of the contemporary adult internet. The use of images of bestiality comes to mind as one of those extreme matters whose inclusion in a work would present a most serious challenge to the aspiring author of serious nonpretextual literature, and to the advocate in the defense, in any readily imaginable context. http://www.adultbuzz.com/070302/062802_1.html

All the best,

Joe Obenberger



--
J. D. Obenberger and Associates
Attorneys and Counselors at Law
3700 Three First National Plaza
70 West Madison Street
Chicago, IL 60602

Telephone 312.558.6420
Fax 312.558.7773
JDO Cellular Phone 312.405.6420
JDO Pager 312.426.6420

http://www.xxxlaw.net http://www.adultinternetlaw.com

[graphicsbytia]

oh gawd... everything I like is obscene

[tony286]

Thanks Mary its amazing how many people just choose to ignore these things that are very real.

[fris]

Originally posted by graphicsbytia
oh gawd... everything I like is obscene

hot

[MiSsBeHeaDReSs]

Originally posted by fris
hot

very