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-   -   11th Circuit Court Decision May Affect 9th's Decision on Community Standards (https://gfy.com/showthread.php?t=952131)

Redrob 02-05-2010 12:42 AM

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.....:thumbsup

onwebcam 02-05-2010 12:45 AM

Quote:

Originally Posted by Redrob (Post 16814829)
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. :2 cents:

Voodoo 02-05-2010 01:03 AM

Quote:

Originally Posted by onwebcam (Post 16814833)
I'm no judge or lawyer but the servers location would be the distribution point in my book. :2 cents:

http://www.gofuckyourself.com/images.../2twocents.gifhttp://www.gofuckyourself.com/images.../2twocents.gif

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 (Post 16814880)
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. :1orglaugh

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".


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