11th Circuit Court Decision May Affect 9th's Decision on Community Standards - GoFuckYourself.com

Redrob · 02-05-2010, 12:42 AM

With a split in the Circuit Courts, the Conservative-dominated Supreme Court may be motivated to consider the issue.

According to The Volokh Conspiracy, “United States v. Little concludes that Internet obscenity distribution prosecutions may rely on the community standard of the place in which the material was distributed — which means the government can try to download the material in the most restrictive community, and prosecute the distributor there. This may well be correct, given the Court’s decision in Ashcroft v. ACLU (I); and the Ninth Circuit’s contrary decision in United States v. Kilbride might well be mistaken . . . ”

Link to Article

Link to Max Hardcore's 11th Circuit Court Legal Decision

No Fear, Just Knowledge.....

onwebcam · 02-05-2010, 12:45 AM

Quote:

Originally Posted by Redrob

prosecutions may rely on the community standard of the place in which the material was distributed

I'm no judge or lawyer but the servers location would be the distribution point in my book.

Voodoo · 02-05-2010, 01:03 AM

Quote:

Originally Posted by onwebcam

I'm no judge or lawyer but the servers location would be the distribution point in my book.

Redrob · 02-05-2010, 01:17 AM

Read pages 9 and 10 of the 11th Circuit decision if you want to know how much your opinion really counts.

onwebcam · 02-05-2010, 01:43 AM

Quote:

Originally Posted by Redrob

Read pages 9 and 10 of the 11th Circuit decision if you want to know how much your opinion really counts.

Oh I don't doubt that one bit. They are the opinionated ones aren't they.

Noe · 02-05-2010, 11:46 AM

The ultra conservatives in this country from those "communities" will have to learn what other oppressive censorship governments have learned about content on the Internet. If governments like China and Iran have learned that it's impossible to censor speech/content on the Internet, what makes the conservatives in this country think that they can?

Tom_PM · 02-05-2010, 11:58 AM

People are so crazy, they actually think that what someone does in their own home should be their business.

How does my neighbor know if I order 500 dvd's from the internet and they arrive in a brown box that gets left on my doorstep? Further, why does someone else ASSUME they WOULD be offended IF they knew? And further, in what way does me masturbating with an image in my mind and an image on my dvd player affect any other human on earth?

And it goes on, and on, and on, and on, and on.

Television has obscene images on it all the time. Some of what are called the most popular prime time shows are nothing but violent death and images of dead bodies. In what way is that NOT obscene? In what way does that NOT affect the people who watch it?

and on and on and on. Always question the premise before engaging in the argument.

lacuna · 02-05-2010, 12:14 PM

You are so right. Americans are totally backwards on the concept of "obscenity".

02-05-2010, 12:42 AM	#1
Redrob Confirmed User Industry Role: Join Date: Oct 2004 Location: In a refrigerator box by the tracks. Posts: 4,791	11th Circuit Court Decision May Affect 9th's Decision on Community Standards With a split in the Circuit Courts, the Conservative-dominated Supreme Court may be motivated to consider the issue. According to The Volokh Conspiracy, “United States v. Little concludes that Internet obscenity distribution prosecutions may rely on the community standard of the place in which the material was distributed — which means the government can try to download the material in the most restrictive community, and prosecute the distributor there. This may well be correct, given the Court’s decision in Ashcroft v. ACLU (I); and the Ninth Circuit’s contrary decision in United States v. Kilbride might well be mistaken . . . ” Link to Article Link to Max Hardcore's 11th Circuit Court Legal Decision No Fear, Just Knowledge..... Last edited by Redrob; 02-05-2010 at 12:44 AM..

02-05-2010, 11:46 AM	#6
Noe Confirmed User Join Date: May 2004 Posts: 1,082	The ultra conservatives in this country from those "communities" will have to learn what other oppressive censorship governments have learned about content on the Internet. If governments like China and Iran have learned that it's impossible to censor speech/content on the Internet, what makes the conservatives in this country think that they can? __________________ www.xxxcontentdirect.com www.extremefeeds.com ICQ: 169980934 [email protected]

02-05-2010, 11:58 AM	#7
Tom_PM Porn Meister Industry Role: Join Date: Feb 2005 Posts: 16,443	People are so crazy, they actually think that what someone does in their own home should be their business. How does my neighbor know if I order 500 dvd's from the internet and they arrive in a brown box that gets left on my doorstep? Further, why does someone else ASSUME they WOULD be offended IF they knew? And further, in what way does me masturbating with an image in my mind and an image on my dvd player affect any other human on earth? And it goes on, and on, and on, and on, and on. Television has obscene images on it all the time. Some of what are called the most popular prime time shows are nothing but violent death and images of dead bodies. In what way is that NOT obscene? In what way does that NOT affect the people who watch it? and on and on and on. Always question the premise before engaging in the argument. __________________ 43-922-863 Shut up and play your guitar.

02-05-2010, 12:14 PM	#8
lacuna Confirmed User Industry Role: Join Date: Mar 2006 Location: New York Posts: 1,950	You are so right. Americans are totally backwards on the concept of "obscenity". __________________ 2257 Third-Party Custodian of Records Services Designed by an attorney to be DOJ compliant Only $1 per record

02-05-2010, 01:17 AM	#4
Redrob Confirmed User Industry Role: Join Date: Oct 2004 Location: In a refrigerator box by the tracks. Posts: 4,791	Read pages 9 and 10 of the 11th Circuit decision if you want to know how much your opinion really counts.