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To: Extremely Extreme Extremist

Triple E, ignoring my counsel not to rush to put his ignorance of the law on display, wrote:

“You said earlier some obscenity fell under a federal offense. Where is that law? What type of porn falls under this statute. How do you define this anyway? I’m sure it’s next to the invisible one that legalizes abortion.”

Don’t make this so easy, EEE. Takes all the sport out of it.

U.S. Code — Title 18 — Chapter 71. Obscenity:
http://www.access.gpo.gov/uscode/title18/parti_chapter71_.html

And how I define obscenity is irrelevant. It’s how the U.S. Supreme Court has defined it that’s actually relevant to federal prosecution.

“Miller v California sets out the ‘modern’ test for obscenity. After years in which no Supreme Court opinion could command majority support, five members of the Court in Miller set out a several-part test for judging obscenity statutes: (1) the proscribed material must depict or describe sexual conduct in a patently offensive way, (2) the conduct must be specifically described in the law, and (3) the work must, taken as a whole, lack serious value and must appeal to a prurient interest in sex. What is patently offensive is to be determined by applying community values, but any jury decision in these cases is subject to independent constitutional review.”
http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/obscenity.htm

Here’s another very informative link that will enlighten Freepers actually interested in facts about this issue and the law, rather than EEE’s erroneous suppositions:

http://www.obscenitycrimes.org/cliches2.cfm


149 posted on 07/02/2007 8:36:05 PM PDT by AFA-Michigan
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To: AFA-Michigan

Dude, whatever. Go do something productive. Stop trying to ruin everyone else’s fun.


290 posted on 07/03/2007 4:55:20 PM PDT by Extremely Extreme Extremist
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