Legal question: Will the Iraq torture scandal protect adult webmaster in court?
 

If the U.S. media and every website on the net is showing naked guys on leashes and piles of naked guys on top of each other, and there is even talk of some rape videos, including the rape of little boys, isn't that going to make it harder for a prosecutor to convict an adult webmaster for showing a picture of two consenting adults having sex, even if they are into BDSM or some other fetish?

Anyone have thoughts on how the torture pictures, videos, and news stories might effect obscenity prosecutions by the U.S. government? Can't a defense lawyer just hold up the torture pics and say - this is from CNN, leave my client alone!

So you're saying the more Iraqi rape video, the better for us ?

Those are your words, not mine. :)

I just wondered if it might make it harder for a prosecutor to say that some porn site is showing images or videos of acts that have never before been seen in that community or that are so bad that the webmaster should be in jail. If people are seeing real torture on every channel on TV, then some consenting sex on the internet doesn't seem very bad anymore, even in Alabama.

socialist canadians:glugglug

Has it come so far that BDSM content is illegal in the US too?In germany they always try to fuck you by saying that you are promoting violence.

News video is reality. Porn video is staged and paid for. In other words, if you catch a tirture on a camcorder Rodney King style, not against the law. Set it up and pay people to do it, illegal. No brainer IMO

iraq news are on the table now.. so let's wait to see what's next..

Samuel

I see your point you are making.

Reminds me of the Howard Stern and Oprah thing.

I havn't kept up will all the details but Howard is saying that he used the same words that Oprah says on her show, but he got in trouble.

Maybe you got something there.

Interesting thoughts, I guess the only thing that needs to be decided is if people would consider pictures in the media differently than pictures displayed elsewhere. The pictures aren't that extreme/shocking otherwise other than the fact that they are prisoners and being badly mistreated.

Cheers,
Matt

Very interesting arguement.....

I would not want to be the test case, however...

:rasta

U.S. obscenity laws are based on "community standards" and showing that the community has already been exposed to similar material is part of most defense cases. Might it not be harder now for a prosecutor to argue that video of sex between two consenting adults is obscene, when real pictures of rape and torture are available on CNN and Fox and every other station in any community in America? Not only are these videos available, but they are being sought out by millions of people.

If CNN is repeatedly showing something far more extreme than a porn site, how do you convince a jury that the adult site webmaster should be put in jail for showing consenting sex between adults?