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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 1234 Views
Yay for home! - 20/02/2011 12:20:14 PM 784 Views
Re: Yay for home! - 22/02/2011 05:05:49 AM 777 Views
He should get the pants sued off him. - 20/02/2011 07:08:56 PM 686 Views
Well ... from this parents perspective - 21/02/2011 12:33:25 PM 767 Views
Lol and people say human beings aren't civilized *NM* - 21/02/2011 05:32:32 PM 309 Views
Re: Lol and people say human beings aren't civilized - 22/02/2011 02:19:48 PM 706 Views
Stupid and in bad taste, but certainly not worth jail time *NM* - 21/02/2011 12:41:28 PM 315 Views
"Oh, I didn't actually abuse any of those kids." - 21/02/2011 02:37:00 PM 712 Views
Agreed. But being an asshat is not a crime. *NM* - 21/02/2011 05:02:59 PM 281 Views
No, it's not. - 21/02/2011 05:22:05 PM 782 Views
no but using children to create sexually explicit material is - 21/02/2011 07:36:32 PM 796 Views
"sexually explicit material" is different than "obscene" - 22/02/2011 02:43:49 AM 731 Views
That is debatable. - 22/02/2011 05:25:46 AM 704 Views
you don't believe both can describe language? - 22/02/2011 02:30:16 PM 659 Views
Yes, this was disgusting, but since when does dirty lyrics = porn? - 22/02/2011 04:18:05 PM 766 Views
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It can? - 23/02/2011 04:34:40 AM 779 Views
Yep - 23/02/2011 05:04:49 AM 762 Views
Actually, obscenity is one of the most poorly defined concepts in US law. - 26/02/2011 09:57:21 PM 850 Views
Yes, I've posted on the Miller Test - 26/02/2011 10:54:11 PM 902 Views
Penthouse letters is porn - 24/02/2011 12:52:31 AM 690 Views
Am I the only one thinking of The Exorcist here? - 25/02/2011 10:40:58 PM 837 Views
yes you are the only one thinking that *NM* - 25/02/2011 11:33:53 PM 273 Views
Yes that is a name - 21/02/2011 09:04:19 PM 860 Views
Inappropriate of course but child porn? Give me a break! *NM* - 22/02/2011 05:06:20 AM 346 Views
defamation maybe - 22/02/2011 04:21:03 PM 646 Views
Not sure if anyone else has asked this... - 25/02/2011 01:19:08 PM 1023 Views
kids are video taped all the time at schools - 25/02/2011 02:05:38 PM 661 Views
School staff is one thing, outside sources are another. - 25/02/2011 02:56:20 PM 741 Views
most states run background checks and this guy may have had one run on him - 25/02/2011 03:19:58 PM 744 Views

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