Replies

We're talking about whether the laws against obscenity are being enforced. I'm telling you that they are and that pornography is not obscene and that states cannot therefore use prostitution laws to punish people for making it or performing in it. Remember the three part test:

1)That the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest; AND

2)That the work depicts or describes in a patently offensive way, as measured by contemporary community standards, sexual conduct specifically defined by the applicable law; AND

T3) That a reasonable person would find that the work, taken as a whole, lacks serious literary, artistic, political and scientific value.

Though porn might meet 1 and 3, the people of this country, through their unwillingess to convict porn producers and through their massive consumption of porn have decided that the second requirement has not been met. Therefore, since porn is not obscene, you cannot do an end-run around the law by going after porn producers with anti-prostitution laws.