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Yes, I've posted on the Miller Test Isaac Send a noteboard - 26/02/2011 10:54:11 PM
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
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musician jailed over youtube prank -- faces 20+years plus child porn charges - 20/02/2011 07:55:33 AM 1139 Views
Yay for home! - 20/02/2011 12:20:14 PM 691 Views
Re: Yay for home! - 22/02/2011 05:05:49 AM 681 Views
He should get the pants sued off him. - 20/02/2011 07:08:56 PM 591 Views
Well ... from this parents perspective - 21/02/2011 12:33:25 PM 668 Views
Lol and people say human beings aren't civilized *NM* - 21/02/2011 05:32:32 PM 269 Views
Re: Lol and people say human beings aren't civilized - 22/02/2011 02:19:48 PM 604 Views
Stupid and in bad taste, but certainly not worth jail time *NM* - 21/02/2011 12:41:28 PM 277 Views
"Oh, I didn't actually abuse any of those kids." - 21/02/2011 02:37:00 PM 610 Views
Agreed. But being an asshat is not a crime. *NM* - 21/02/2011 05:02:59 PM 242 Views
No, it's not. - 21/02/2011 05:22:05 PM 692 Views
no but using children to create sexually explicit material is - 21/02/2011 07:36:32 PM 700 Views
"sexually explicit material" is different than "obscene" - 22/02/2011 02:43:49 AM 627 Views
That is debatable. - 22/02/2011 05:25:46 AM 605 Views
you don't believe both can describe language? - 22/02/2011 02:30:16 PM 564 Views
Yes, this was disgusting, but since when does dirty lyrics = porn? - 22/02/2011 04:18:05 PM 670 Views
The written word can be considered porn so why not song lyrics? - 22/02/2011 05:04:37 PM 613 Views
It can? - 23/02/2011 04:34:40 AM 679 Views
Yep - 23/02/2011 05:04:49 AM 663 Views
Actually, obscenity is one of the most poorly defined concepts in US law. - 26/02/2011 09:57:21 PM 753 Views
Yes, I've posted on the Miller Test - 26/02/2011 10:54:11 PM 806 Views
Penthouse letters is porn - 24/02/2011 12:52:31 AM 599 Views
Am I the only one thinking of The Exorcist here? - 25/02/2011 10:40:58 PM 744 Views
yes you are the only one thinking that *NM* - 25/02/2011 11:33:53 PM 230 Views
Yes that is a name - 21/02/2011 09:04:19 PM 764 Views
Inappropriate of course but child porn? Give me a break! *NM* - 22/02/2011 05:06:20 AM 306 Views
defamation maybe - 22/02/2011 04:21:03 PM 555 Views
Not sure if anyone else has asked this... - 25/02/2011 01:19:08 PM 920 Views
kids are video taped all the time at schools - 25/02/2011 02:05:38 PM 559 Views
School staff is one thing, outside sources are another. - 25/02/2011 02:56:20 PM 635 Views
most states run background checks and this guy may have had one run on him - 25/02/2011 03:19:58 PM 641 Views

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