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Has any kind of border between "normal" pornography and obscene been defined?

by Zirro 15y ago

protomyth 15y ago
In the US it is http://en.wikipedia.org/wiki/Miller_v._California http://en.wikipedia.org/wiki/Miller_v._California http://en.wikipedia.org/wiki/Miller_test http://en.wikipedia.org/wiki/Miller_test
nostromo 15y ago
Yes, it's called the "Miller test" and it was created before the internet: http://en.wikipedia.org/wiki/Miller_test http://en.wikipedia.org/wiki/Miller_test The big question here is what the hell are "community standards" when talking about the internet?
- Zirro 15y ago
  I see. Well, the "community standards" on 4chan for example, or even among younger generations in general today are likely to be different from the casual Internet-users. I suppose Santorum would go by the "community standards" of his voters, no matter if they are Internet-users or not.
Lazare 15y ago
Sort of. Obscenity is relative; it's something that offends the prevalent morality of the time and thus what is obscene differs by both time and place. Or for a related definition it must be material "utterly without redeeming social importance". Of course, what is "socially important" is very much changable and ill-defined. As a result, the question of what is and what isn't rarely easily answerable. In the US, these days, child porn is obscene (but is also illegal several times over via other laws, so that hardly matters) and even a textual and fictional account of the rape of a child might be obscene if it seems to a jury that it was meant purely to titillate. On the other hand, an autobiography of someone who was abused as a child, or a textbook meant for social workers discussing how to help the victim of child abuse would not be obscene (assuming, of course, a jury agrees on what the material in question is). Depictions of bestiality and other similar acts are probably obscene, but maybe not - it all depends on what a jury says. And there are different rules at the national level and in the various states. Sex toys are never obscene at the national level, but are obscene in Alabama. On the other hand, nothing is obscene in Oregon. tl;dr summary: Has a border been defined? No. :)
frankydp 15y ago
Most obscenity laws are state laws. Meaning that the definition changes state to state. Some of which are very very specific.
- Drbble 15y ago
  And from DA to DA, since in practice all that matters is whether a DA wants to ruin someone's life by pushing a case, example a teenager who sends a picture of themself to a friend.

Has any kind of border between "normal" pornography and obscene been defined?

by Zirro 15y ago

Has any kind of border between "normal" pornography and obscene been defined?

In the US it is http://en.wikipedia.org/wiki/Miller_v._California http://en.wikipedia.org/wiki/Miller_v._California http://en.wikipedia.org/wiki/Miller_test http://en.wikipedia.org/wiki/Miller_test

nostromo 15y ago

Yes, it's called the "Miller test" and it was created before the internet: http://en.wikipedia.org/wiki/Miller_test http://en.wikipedia.org/wiki/Miller_test The big question here is what the hell are "community standards" when talking about the internet?

Zirro 15y ago
I see. Well, the "community standards" on 4chan for example, or even among younger generations in general today are likely to be different from the casual Internet-users. I suppose Santorum would go by the "community standards" of his voters, no matter if they are Internet-users or not.

Lazare 15y ago

Sort of. Obscenity is relative; it's something that offends the prevalent morality of the time and thus what is obscene differs by both time and place. Or for a related definition it must be material "utterly without redeeming social importance". Of course, what is "socially important" is very much changable and ill-defined. As a result, the question of what is and what isn't rarely easily answerable. In the US, these days, child porn is obscene (but is also illegal several times over via other laws, so that hardly matters) and even a textual and fictional account of the rape of a child might be obscene if it seems to a jury that it was meant purely to titillate. On the other hand, an autobiography of someone who was abused as a child, or a textbook meant for social workers discussing how to help the victim of child abuse would not be obscene (assuming, of course, a jury agrees on what the material in question is). Depictions of bestiality and other similar acts are probably obscene, but maybe not - it all depends on what a jury says. And there are different rules at the national level and in the various states. Sex toys are never obscene at the national level, but are obscene in Alabama. On the other hand, nothing is obscene in Oregon. tl;dr summary: Has a border been defined? No. :)

frankydp 15y ago

Most obscenity laws are state laws. Meaning that the definition changes state to state. Some of which are very very specific.

Drbble 15y ago
And from DA to DA, since in practice all that matters is whether a DA wants to ruin someone's life by pushing a case, example a teenager who sends a picture of themself to a friend.