Anti-Porn Group Plans Civil Litigation

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	#2
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	#1
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.