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whm1974

Diamond Member
Jul 24, 2016
9,460
1,570
96
I'm not interested in it, but No I wouldn't call it Obscene if it means making it Illegal.
If some dude or gal wants to watch someone taking a dump on another person, well I have no beef about letting them do so. Yes I would think that they are disgusting, but as long as I'm not being forced to watch that, I could less about what other people watch.
 

woolfe9998

Lifer
Apr 8, 2013
16,188
14,092
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Do you think we could safely ban the production of defecation porn then, without running afoul of the 1st amendment?

According to SCOTUS, if this kind of porn runs afoul of contemporary community standards, the answer is yes.

Also, aren't community standards measured democratically? If a state were to pass a law through its representatives, elected as they are by the community, which banned the production of hardcore pornography, wouldn't that be an effective proxy for community standards?

No. The standard is set by the SCOTUS' interpretation of the Constitution. The statutes vary only a little from state to state because they basically mimic the Miller standard to avoid being found unconstitutional.

Whether something meets community standards is then determined by juries. And it's pretty subjective. If the jury is offended by the material, then it's an "obscenity." If not, then not. That is why when they used to prosecute internet porn, they would choose bible belt states for venue because those juries were just more likely to be offended by the material (even though they watch more porn in those states!)

They aren't really prosecuting obscenities much anymore. Evidently several years back there were a couple of failed prosecutions and law enforcement seems to have lost interest, at least for the time being.