Anti-Porn Group Plans Civil Litigation

NobleSavage · 2007-09-17, 05:47 AM

Quote:

Originally Posted by BOONESTOONS

The negatives to their arguments aren't necessarily Constitutional rights, but civil rights. That's far too complex an issue to detail here.

Please do explain. I've been under the impression that civil rights refers to the equal treatment of all citizens irrespective of race, sex, or other class. The last time I checked adult webmasters were not considered a protected class.

BOONESTOONS · 2007-09-17, 07:54 PM

Quote:

Originally Posted by NobleSavage

Please do explain. I've been under the impression that civil rights refers to the equal treatment of all citizens irrespective of race, sex, or other class. The last time I checked adult webmasters were not considered a protected class.

Noble that's the general impression but it's more complex than just that. If I give out too much the enemy can use that against you. Just wait til that bubble bursts and watch the action. It can be a tool that blanket protects a whole lot more than pornmeisters.

No I'm not a legal expert, I'm often called in as a specialist on certain matters. I did however study law extensively and more which I can't go into at present.

Anyone can become a consultant to legal if you're a pro at some area or two. That goes from being a top chef to a mechanic to being an expert on baseball cards. It all depends on how frequent your skills are needed in a case or investigation and what legal institutions and offices you're associated with. In my case I grew up around lawyers, lawyers in the family, friends, it just doesn't end.

NobleSavage · 2007-09-18, 11:28 PM

Do you have any authoritative case law that would support this top secret legal defense? If so, please let me know in a pm.

Assuming you are making an equal protection claim the supreme court has set out three tiers of scrutiny : suspect, quasi-suspect, and de-minimus. Under the the most liberal class, de-minimus - I'd say it would be a Hail Mary legal strategy. The Supreme Court is way to conservative for that and Federal judges are loathe to issue rulings that may be overruled by a higher court.

Secondly, I don't see how this would help fight a private group as mentioned in the OP. The Constitution restricts the powers of government. Equal protection means the government can't make laws that discriminate if you fall into a protected class. A few exceptions have been made for the right to travel i.e. hotels, lodging, etc. But that is when dealing with strict scrutiny. So maybe for 2257, but see Hail Mary above.

I'd assume the group that is planning on attacking us would use some form of obscenity challenge in state court. I'd think the best legal defense in this type of case would be to attack the "community standards" prong of the Miller Test by showing them your log files. Everyone on the Internet looks at porn.

SheepGuy · 2007-09-19, 01:27 AM

I'll take my legal advice from a lawyer. Hell, why not? I'm sure they're more convincing in front of judges than cartoonists or smut peddlers

BOONESTOONS · 2007-09-19, 04:06 AM

Quote:

Originally Posted by SheepGuy

I'll take my legal advice from a lawyer. Hell, why not? I'm sure they're more convincing in front of judges than cartoonists or smut peddlers

Newsflash: Lots of lawyers ARE smut peddlers and cartoonists.

I'll tell ya what, when the shit hits the fan and us cartoonists are the only one's standing ( along with story only sites ) you'll see what I mean.

ecchi · 2007-09-19, 01:00 PM

Quote:

Originally Posted by BOONESTOONS

I'll tell ya what, when the shit hits the fan and us cartoonists are the only one's standing ( along with story only sites ) you'll see what I mean.

Ahh, but you won't be the only ones standing. Those of us who are not American will still be here. We will have sites with cartoons and stories, AND photos and videos. Since many non-American webmasters use American hosts, they will go too. Those of us left with an English language porn site on a European server stand to make a fortune!

So where to I go to vote Bush in for a THIRD term?

2007-09-19, 01:27 AM	#4
SheepGuy It's the end of the world as we know it, and I feel fine Join Date: Jul 2006 Location: Canada Posts: 2,527	I'll take my legal advice from a lawyer. Hell, why not? I'm sure they're more convincing in front of judges than cartoonists or smut peddlers __________________ If the Environment was a bank, they would have saved it by now.

2007-09-18, 11:28 PM	#3
NobleSavage Lord help me, I'm just not that bright Join Date: May 2006 Posts: 103	Do you have any authoritative case law that would support this top secret legal defense? If so, please let me know in a pm. Assuming you are making an equal protection claim the supreme court has set out three tiers of scrutiny : suspect, quasi-suspect, and de-minimus. Under the the most liberal class, de-minimus - I'd say it would be a Hail Mary legal strategy. The Supreme Court is way to conservative for that and Federal judges are loathe to issue rulings that may be overruled by a higher court. Secondly, I don't see how this would help fight a private group as mentioned in the OP. The Constitution restricts the powers of government. Equal protection means the government can't make laws that discriminate if you fall into a protected class. A few exceptions have been made for the right to travel i.e. hotels, lodging, etc. But that is when dealing with strict scrutiny. So maybe for 2257, but see Hail Mary above. I'd assume the group that is planning on attacking us would use some form of obscenity challenge in state court. I'd think the best legal defense in this type of case would be to attack the "community standards" prong of the Miller Test by showing them your log files. Everyone on the Internet looks at porn.