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>It also falls under the US supreme court test for obscenity and is equally illegal in the US I don't think that's correct. There are no federal obscenity law

by asdf21 7y ago

>It also falls under the US supreme court test for obscenity and is equally illegal in the US I don't think that's correct. There are no federal obscenity laws. The U.S. government does not expressly prohibit obscene conduct. In fact, the U.S. government expressly protects some communications in the First Amendment to the U.S. Constitution. https://legalcareerpath.com/obscenity-law/ https://legalcareerpath.com/obscenity-law/

Taniwha 7y ago
18 USC 71 ... is the federal obscenity law, it's been much patched in and around child porn, but the basic law is still there. Of course there's been a lot of Supreme Court rulings in and around it culminating in the Miller test ... Your 'shooting video' is really a snuff film, probably one of the few genuine ones (along with those made by ISIS, and just as bad) and certainly falls under the Miller test
- asdf21 7y ago
  I mean, /r/watchpeopledie was active for nearly a decade and never had legal issues.. I'm not sure this is enforced in any meaningful way.
  - Taniwha 7y ago
    That doesn't make it legal, or even morally right - people who want to watch this shit are sick fuckers
    - asdf21 7y ago
      Wow, that's an incredibly judgey and myopic perspective. And wrong, I believe. I've personally watched a decent amount of gory stuff just because I like to understand the world I live in better. Do you think people who watch violent R rated movies are sick fucks too?
      - dredds 7y ago
        There's a difference between watching fatal car accidents or faked scenes in movies as opposed to live criminal acts of violence on real people, but there are certainly grey areas too. Who hasn't seen people jumping from the World Trade Center fires? We're drawn to, and learn from, the plight of others, but there are also legal standards to protect real people who are being filmed while being criminally abused, rather than just acting the part in a video portrayal of such.
- rgbrenner 7y ago
  You can't just redefine a murder video as pornographic because you don't like it. You mentioned the miller test, so you already know it requires that it depict "sexual conduct or excretory functions specifically defined by applicable state law". Ignoring the state law requirement (which you haven't cited), the video does not depict sexual conduct.. and there's no way you can twist this into being illegal in the US. It's not illegal. Period. ISIS videos aren't illegal either. You've clearly misunderstood our laws.
  - Taniwha 7y ago
    18 USC 71 is about 'obscenity', which doesn't just include pornography. These days it includes a bunch of clauses about child porn, but that's mostly about politicians wanting to get their names on the board. The original, base law is more general and its definition comes from common law modulated by many supreme court decisions

by asdf21 7y ago

Taniwha 7y ago

18 USC 71 ... is the federal obscenity law, it's been much patched in and around child porn, but the basic law is still there. Of course there's been a lot of Supreme Court rulings in and around it culminating in the Miller test ... Your 'shooting video' is really a snuff film, probably one of the few genuine ones (along with those made by ISIS, and just as bad) and certainly falls under the Miller test

asdf21 7y ago
I mean, /r/watchpeopledie was active for nearly a decade and never had legal issues.. I'm not sure this is enforced in any meaningful way.
- Taniwha 7y ago
  That doesn't make it legal, or even morally right - people who want to watch this shit are sick fuckers
  - asdf21 7y ago
    Wow, that's an incredibly judgey and myopic perspective. And wrong, I believe. I've personally watched a decent amount of gory stuff just because I like to understand the world I live in better. Do you think people who watch violent R rated movies are sick fucks too?
    - dredds 7y ago
      There's a difference between watching fatal car accidents or faked scenes in movies as opposed to live criminal acts of violence on real people, but there are certainly grey areas too. Who hasn't seen people jumping from the World Trade Center fires? We're drawn to, and learn from, the plight of others, but there are also legal standards to protect real people who are being filmed while being criminally abused, rather than just acting the part in a video portrayal of such.
rgbrenner 7y ago
You can't just redefine a murder video as pornographic because you don't like it. You mentioned the miller test, so you already know it requires that it depict "sexual conduct or excretory functions specifically defined by applicable state law". Ignoring the state law requirement (which you haven't cited), the video does not depict sexual conduct.. and there's no way you can twist this into being illegal in the US. It's not illegal. Period. ISIS videos aren't illegal either. You've clearly misunderstood our laws.
- Taniwha 7y ago
  18 USC 71 is about 'obscenity', which doesn't just include pornography. These days it includes a bunch of clauses about child porn, but that's mostly about politicians wanting to get their names on the board. The original, base law is more general and its definition comes from common law modulated by many supreme court decisions