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Is this a piece of legislation with a serious chance of passing? How would something like this even be enforced?

by iaw 3y ago

yieldcrv 3y ago
It wouldn’t be, unless they can get the Supreme Court to narrow the first amendment on obscenity again, which may be possible. Which would then just be the beginning of a new game about where that line is in a predictable way.
kelseyfrog 3y ago
> How would something like this even be enforced? Selectively
pavel_lishin 3y ago
A lot of these types of bills are basically introduced to score some marketing points with the politicians' voters.
NoMoreNicksLeft 3y ago
You should be asking if it's a piece of legislation with a serious chance of surviving the inevitable litigation.
michaelt 3y ago
There is a reasonably large and effective anti-porn lobby in the United States. See for example https://slate.com/human-interest/2021/08/conservative-christians-anti-porn-tactics-paying-off.html https://slate.com/human-interest/2021/08/conservative-christ... Owing to the laws of the country, they rarely call for outright bans or describe themselves as evangelical religious organisations. Due to the first amendment, that won't fly. The modern tactic is instead to campaign against sex trafficking, revenge porn, child porn, and children having access to porn, aiming to create rules onerous enough that they knock out the regular porn industry at the same time. This particular law may not turn out to be constitutional - but passing it, fighting over the matter and then getting it declared unconstitutional could be a vote winner. And there are other laws that could be constitutional that could replace it. Is the anti-porn lobby large enough that politicians will benefit from supporting it? Difficult to say, but as we've seen on abortion issues, there's a surprisingly big religious lobby. I guess we'll find out next time Oklahoma state senator Dusty Deevers is up for re-election.

Is this a piece of legislation with a serious chance of passing? How would something like this even be enforced?

by iaw 3y ago

Is this a piece of legislation with a serious chance of passing? How would something like this even be enforced?

It wouldn’t be, unless they can get the Supreme Court to narrow the first amendment on obscenity again, which may be possible. Which would then just be the beginning of a new game about where that line is in a predictable way.

kelseyfrog 3y ago

> How would something like this even be enforced? Selectively

pavel_lishin 3y ago

A lot of these types of bills are basically introduced to score some marketing points with the politicians' voters.

NoMoreNicksLeft 3y ago

You should be asking if it's a piece of legislation with a serious chance of surviving the inevitable litigation.

michaelt 3y ago

There is a reasonably large and effective anti-porn lobby in the United States. See for example https://slate.com/human-interest/2021/08/conservative-christians-anti-porn-tactics-paying-off.html https://slate.com/human-interest/2021/08/conservative-christ... Owing to the laws of the country, they rarely call for outright bans or describe themselves as evangelical religious organisations. Due to the first amendment, that won't fly. The modern tactic is instead to campaign against sex trafficking, revenge porn, child porn, and children having access to porn, aiming to create rules onerous enough that they knock out the regular porn industry at the same time. This particular law may not turn out to be constitutional - but passing it, fighting over the matter and then getting it declared unconstitutional could be a vote winner. And there are other laws that could be constitutional that could replace it. Is the anti-porn lobby large enough that politicians will benefit from supporting it? Difficult to say, but as we've seen on abortion issues, there's a surprisingly big religious lobby. I guess we'll find out next time Oklahoma state senator Dusty Deevers is up for re-election.