uptheyingyang |
12-31-2003 02:22 PM |
this ruling effectively waters down the Miller 3 point test for obscenity, which makes prosecuting obscenity even more difficult in the USA.
because:
1. under the Miller test the material has to be considered "in the whole" combined with all other material in the "work". this means that you can't base your case on a single image of a girl with a gaping anus if the "work" contains other material of a possible artistic or educational nature. (safe sex info, artistic butt beauty, etc.)
2. and, if you can only convict on a single image, you're back to square one.
but the truth is, standard fare consensual hardcore will be very difficult to convict in the United States, now that college kids and the MTV generation will be sitting jurors.
violent, degrading hardcore, is another matter, and purveryors of it will be vulnerable.
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