The jurisprudence is a hopeless mess. I remember taking a first amendment course as a freshman and spending a month on obscenity alone.
I'm not sure poorly defined is the best way to phrase it, more that things like the Miller Test recognize that the best way to define these things is that if a bunch of random people all find something obscene then it is, and that's basically what a jury is. Not ideal, but you can hardly rigorously define the concept and the whole idea essentially revolves around an assumption that if something is offensive enough to the vast overwhelming majority then they can ban it unless someone can make a very good case that it serves a meaningful purpose. If that's the working assumption then 12 out of 12 random people saying 'this is obscene' after contemplation and defense is a pretty logical method of deciding. Legal bizarre but we do have plenty of other examples where we use this sort of method, pretty much every law that includes 'reasonable' is basically punting to the jury.
The intuitive mind is a sacred gift and the rational mind is a faithful servant. We have created a society that honors the servant and has forgotten the gift.
- Albert Einstein
King of Cairhien 20-7-2
Chancellor of the Landsraad, Archduke of Is'Mod
- Albert Einstein
King of Cairhien 20-7-2
Chancellor of the Landsraad, Archduke of Is'Mod
musician jailed over youtube prank -- faces 20+years plus child porn charges
- 20/02/2011 07:55:33 AM
1208 Views
Mmmm, there is more to it . At first I was thinking it was much ado about nothing.
- 20/02/2011 03:31:51 PM
999 Views
This explains what happened better and lets me feel a little mercy for the guy.
- 20/02/2011 03:59:41 PM
1102 Views
as stated, the children were never exposed to the "adult only" performance
- 20/02/2011 04:35:32 PM
764 Views
So I guess the moral of this story is think before you put things on the internet. *NM*
- 20/02/2011 06:10:32 PM
291 Views
His only mistake was not getting them to sign something, allowing to be posted on youtube
- 21/02/2011 01:51:30 AM
738 Views
kids don't have that right. The parents would have needed to sign. *NM*
- 21/02/2011 07:24:04 PM
314 Views
The lyrics were hilarious? The sample I read and posted had nothing funny in them...maybe you can
- 22/02/2011 12:35:05 AM
645 Views
Well ... from this parents perspective
- 21/02/2011 12:33:25 PM
742 Views
For using the childrens' faces without permission he could be sued for monetary damages.
- 21/02/2011 01:50:19 PM
774 Views
Re: For using the childrens' faces without permission he could be sued for monetary damages.
- 21/02/2011 03:46:48 PM
754 Views
Tashmere's first reply above has a sample of the lyrics and how they were cut with the video. *NM*
- 21/02/2011 03:58:35 PM
282 Views
Agreed, that's really the only thing I can see that he can be sued for here. *NM*
- 25/02/2011 10:36:53 PM
269 Views
"Oh, I didn't actually abuse any of those kids."
- 21/02/2011 02:37:00 PM
683 Views
Agreed. But being an asshat is not a crime. *NM*
- 21/02/2011 05:02:59 PM
270 Views
no but using children to create sexually explicit material is
- 21/02/2011 07:36:32 PM
770 Views
Yes, this was disgusting, but since when does dirty lyrics = porn?
- 22/02/2011 04:18:05 PM
738 Views
The written word can be considered porn so why not song lyrics?
- 22/02/2011 05:04:37 PM
678 Views
It can?
- 23/02/2011 04:34:40 AM
754 Views
Yep
- 23/02/2011 05:04:49 AM
731 Views
Actually, obscenity is one of the most poorly defined concepts in US law.
- 26/02/2011 09:57:21 PM
823 Views
Yes, I've posted on the Miller Test
- 26/02/2011 10:54:11 PM
872 Views
Am I the only one thinking of The Exorcist here?
- 25/02/2011 10:40:58 PM
811 Views
yes you are the only one thinking that
*NM*
- 25/02/2011 11:33:53 PM
261 Views
*NM*
- 25/02/2011 11:33:53 PM
261 Views
You gotta admit it doesn't get much worse than that in terms of exposing children to obscenity.
- 26/02/2011 12:13:46 AM
676 Views
Not sure if anyone else has asked this...
- 25/02/2011 01:19:08 PM
1002 Views
kids are video taped all the time at schools
- 25/02/2011 02:05:38 PM
634 Views
School staff is one thing, outside sources are another.
- 25/02/2011 02:56:20 PM
716 Views
most states run background checks and this guy may have had one run on him
- 25/02/2011 03:19:58 PM
718 Views
he got permission from the teacher and the kids' parents before the original filming session
- 25/02/2011 03:20:30 PM
717 Views
they probably didn't think he would it to make a "funny" video
- 26/02/2011 07:43:59 PM
824 Views
show one example the song was about sex with children and I might agree *NM*
- 26/02/2011 09:23:44 PM
308 Views
If you try hard enough you can believe whatever you want
- 26/02/2011 10:09:45 PM
725 Views
and if you're determined to railroad someone none of the facts matter
- 26/02/2011 11:36:42 PM
877 Views
If I put out a video that had you giggling as I sung about cumming on your face you would be fine?
- 27/02/2011 09:09:25 PM
656 Views
of course not, but the 1st amendment says you have the right
- 27/02/2011 11:02:42 PM
624 Views
the courts ruled a long time ago that the 1st amendment does not cover all speech
- 28/02/2011 10:58:38 PM
843 Views

*NM*