We’re all Mayberry now
11th circuit holds that porn made in one area is subject to the obscenity standards in any area where it could be viewed. That is to say, your dirty movie may violate decency standards in Mayberry so Mayberry can go after you.
Remember, I do this to entertain me, not you.
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February 11th, 2010 at 9:56 am
1st amendment? What’s that?
February 11th, 2010 at 10:07 am
This sounds like a variation of the “Heckler’s Veto,” wherein the protests of someone offended by speech is supposed to override the right of another to speak. This argument has been definitively overruled in the Supreme Court already, so there must be some new twist to it that the 11th bought into to reach their decision.
And Mayberrry was a pretty easygoing place, with plenty of moonshine being distilled in the backwoods, acceptance of recurrent drunken behavior in public, and plenty of scam artists and hobo groups passing through, along with the occasional gunfight involving the sheriff (but not the deputy, so much). Perhaps you meant Mount Airy?
February 11th, 2010 at 11:40 am
No, that’s the right ruling. The First Amendment is a a right of the speaker for the benefit of the audience. Otherwise, it could be fulfilled by me talking to my mirror. I have a right to say anything I want and you have a right to tell me I don’t want to hear it. Which is basically what community standards says.
February 11th, 2010 at 12:36 pm
I’m not sure I like that.
But if our commerce and law are to be federalized, I’d rather have the standards of Mayberry than the Castro district.
February 11th, 2010 at 1:19 pm
Not particularly new – proprietors of a BBS outside of GA, IIRC (back in the day) did a long stretch for pornography in GA for essentially this issue.
Still stupid
February 11th, 2010 at 2:08 pm
Just exactly how big does a “community” need to be before it qualifies as being able to pass judgment on someone else’s speech? 1,000 people? 500? 10?
Reductio ad absurdum…I’m my own dang community of one, and thy speech offends me. Get thee to gaol!
February 11th, 2010 at 3:19 pm
Well, since Utah outlaws XXX pron this must mean your stash of hard-core lesbian Asian midget bukkake videos are all illegal now.
(Insert obligatory double-entendres using “from my cold, dead hands” here)
February 11th, 2010 at 10:07 pm
Soo my collection of quadropaligic nun inter spcies erotic will put me in Andy T’s drunk tank? Sounds like a Win-Win.
February 11th, 2010 at 11:20 pm
One word: censorship
Three more words: violates the First.
This is an impossible set, and especially so considering the way the Internet works.
There are lots of communities that REALLY hate guns,so it doesn’t pay to get all “moral” on this one, your gun blog is next.