9th Circuit: Obscenity Should Be Defined by U.S. Community Standards

[tickler]

About time!

No more procescution shopping for some hick conservative jurisdiction.

The opinion, written by Judge Betty Binns Fletcher, also said that the 9th Circuit panel's decision joins U.S. Supreme Court Justices O¹Connor and Breyer's holding that "a national community standard must be applied in regulating obscene speech on the Internet, including obscenity disseminated via email."
http://www.xbiznewswire.com/view.php?id=114173

Nevertheless, Kaufman was pleased about the decision and even said that the landmark ruling could have legs throughout other jurisdictions, besides the 9th Circuit.

“This holding sounds the death knell for the long-standing Miller test for determining whether materials are obscene when the materials are published via the Internet or in email communications,” he said. “

“What the court is saying, in effect, is that the days of trying to fit horse-and-buggy law to the digital age are over. And it makes sense – how can you subject a person to criminal prosecution for having the bad luck to open their email or log onto a website in Boise, Idaho, rather than Los Angeles?”

The actual ruling here(pdf)

So I'm wondering if this will be enough grounds to start throwing out all the previous convictions.

[bDok]

wow.

[tickler]

Originally Posted by tickler

So I'm wondering if this will be enough grounds to start throwing out all the previous convictions.

And a day later it's already being included in the Max Hardcore appeal.

Yet another portion of the argument revolved around the five trailers posted on the maxhardcore.com website, with Sirkin arguing that yesterday's decision in U.S. v. Kilbride and Schaffer, which established that, at least in the Ninth Circuit, the "community standard" for determining the possible obscenity of a work is now officially the entire nation.
http://business.avn.com/articles/36648.html

[Thumbler]

I'd like to know how on earth you define a 'national community standard'

[rblight]

The irony of all this is that the red states download more porn on average than the blue states. That shows the hypocrisy of the holy jesus thumpers. I would rather see religion outlawed than porn. Porn has killed a hell of a lot less people than religious fanatics have.

[bionicweenie]

you have every right to your feelings and thoughts rblight, but it's not fair to slam those of us with Christian faith because a small percentage of people get whacked and use religion for craziness - that happens with just about anything.

There are millions of sex crimes in history and now they're worse than ever - every day prostitutes and porn thugs and the like kill and commit a myraid of ugly crimes in society. Like morons who get excited watching porn instead of just whacking off they go out and rape and sometimes even kill a woman. Or they get a prositute and beat or kill her - no matter what she's doing, she don't deserve to get kilt.

So feel the way you feel, but be respectful of others belief's and feelings. Most of us Christians are peaceful, quiet and just prefer to mind our own business and practice our faith without such nastiness being shoved in our faces.

[Simon]

every day prostitutes and porn thugs and the like kill and commit a myraid of ugly crimes in society

What the fuck is a "porn thug" anyway?

Please keep the religious hypocrisy off the board too. Every logical and reasonable person with any sense of history knows how badly religions have fucked up this world and that it's been responsible for millions of deaths. If you don't want to admit that it's true then please don't embarrass yourself by claiming it's only a small minority that's the problem. Most of us non-Christians, non-Jews, non-Muslims and other non-Religious people are peaceful and quiet too, until someone who insists on worshiping imaginary beings decides to try to claim their superstitions need to be respected.

I hear enough of this crap in other places, please don't bring it in here.

[Torn Rose]

How many of those millions of sex crimes were done by christians? Millions would be my guess.

And you have 6 post here, and you are bitching that "nastiness is being shoved in your face"?

No God, Know Peace, Know God, No Peace.

Yeah, it really is that simple.

[tickler]

Originally Posted by bionicweenie

Like morons who get excited watching porn instead of just whacking off they go out and rape and sometimes even kill a woman. Or they get a prositute and beat or kill her - no matter what she's doing, she don't deserve to get kilt.

I guess you have never seen any of the scientific studies that show that people that use porn are way less likely to indulge in these crimes than those that don't.

Porn is sexual pleasure, whereas rape is a power trip.

A little light reading for you
Just try using Google(only 6,780,000 results)
http://www.google.com/search?hl=en&s...&aq=f&oq=&aqi=

[Twiceshy]

What Simon said ..*smiles*

[papagmp]

I'm glad Simon and Tickler beat me to the punch - because I would'nt have been near as nice to bionicweenie - it's obvious he/she/it has no clue.........

[CD Smith]

Originally Posted by tickler

No more procescution shopping for some hick conservative jurisdiction.

Hopefully that becomes true, and not just in the US. It would be nice to be able to say that that's true in Canada as well but sadly...it's not. (yet)