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#227060 - 03/07/07 09:38 AM Hardcore Depictions of S&M Not Obscene
Anonymous
Unregistered


http://www.adultfyi.com/read.php?ID=21750

-----------------------------------------

NEW YORK- PRNewswire-USNewswire] -- On Monday, a federal
District Court jury in the Eastern District of New York (encompassing
Brooklyn and Long Island) determined that hardcore pornographic depictions
of sadomasochistic sex did not violate the federal obscenity law. The jury,
however, did convict the defendant of sex trafficking one woman who
appeared in the pornography.

The basic guidelines for a jury in determining whether sexual material
is obscene are (1) whether the average person, applying contemporary
community standards, would find that the material, taken as a whole,
appeals to the prurient interest; (2) whether the material depicts or
describes sexual conduct in a patently offensive way; and (3) whether a
reasonable person would find that the material, taken as a whole, lacks
serious literary, artistic, political, or scientific value.

Robert Peters, president of Morality in Media, had the following
comments:

"I don't know how any unbiased and properly instructed jury could
conclude that the average New Yorker would find that pornographic material
as debased and violent as was involved in this case did not appeal to the
prurient interest or depict sexual conduct in a patently offensive way.
Surely, no reasonable person could conclude that it had serious First
Amendment value.

"Contrary to what some people may think New York isn't a modern-day
Sodom, at least not yet. New York is a place where people of many religions
live and where many immigrants who come from traditional cultures live. New
York is a place where one doesn't have to be religious or foreign born in
order to understand that pornography is demeaning to women (and men).

"So, how do we explain twelve jurors concluding that hardcore
pornographic material that degraded and brutalized women wasn't obscene?
There are a number of possible explanations.

"First, the jury was composed of 7 men and 5 women; and men are more
prone to both view pornography and to consider it acceptable to do so. The
result of having more men than women on the jury was a compromise verdict,
convicting on one count, acquitting on the other.

"Second, the defense attorney persuaded the jury that widespread
availability of pornography in New York and on the Internet is an
indication that New Yorkers find it acceptable, despite the fact that the
Supreme Court has said that availability isn't the same as community
acceptance.

"Third, the prosecutor didn't do his or her homework on the obscenity
charge or didn't spend sufficient time during the trial responding to the
defense's evidence and arguments on the obscenity charge because
trafficking, not obscenity, was the heart of the prosecution's case.

"Fourth, the judge's ruling on an evidentiary matter or jury
instruction was erroneous.

"Whatever the explanation, citizens should not assume that most New
Yorkers act like or sanction the behavior of perverse and brutal beasts. In
this writer's opinion, community standards still exist in New York,
regardless of what one Brooklyn jury may think."

Headquartered in New York City, MORALITY IN MEDIA works through
constitutional means to curb traffic in illegal obscenity. MIM operates the
http://www.obscenitycrimes.org website, where citizens can report possible
violations of federal Internet obscenity laws.

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#227061 - 03/08/07 08:33 AM Re: Hardcore Depictions of S&M Not Obscene
Jeff Steward Offline
Porn Jesus

Registered: 04/14/03
Posts: 7408
Loc: JM Productions
Score one for the good guys. It looks like free speech aint quite dead yet.
_________________________
all women should be victims of something, because they lied. - big moose

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#227062 - 03/08/07 10:50 AM Re: Hardcore Depictions of S&M Not Obscene
Conky Offline
Porn Jesus

Registered: 11/04/06
Posts: 4203
Loc: Bakersfield Plumbing Supplies ...
So Chico/Sergio can post links to his home movies now?
_________________________
I also am subcribe to postal pornography - CAOH

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#227063 - 03/08/07 11:43 AM Re: Hardcore Depictions of S&M Not Obscene
lance69 Offline
Kurt Lackwood's Fluffer

Registered: 02/18/05
Posts: 1138
Loc: British Colombia
Fuckin' eh. Obscenity is the biggest load of bullshit this side of a rodeo bullpen.
_________________________
Blog About Bullshit Time to pull the pin on the social handgrenade.

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#227064 - 03/08/07 03:50 PM Re: Hardcore Depictions of S&M Not Obscene
Sergio T. Offline
Porn Jesus

Registered: 07/20/03
Posts: 5256
Loc: CSW Wrestling - Gracie Academy
Quote:

So Chico/Sergio can post links to his home movies now?



Not untill I get your mom to sign the model release first.
_________________________

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#227065 - 03/09/07 01:27 PM Re: Hardcore Depictions of S&M Not Obscene
Conky Offline
Porn Jesus

Registered: 11/04/06
Posts: 4203
Loc: Bakersfield Plumbing Supplies ...
She says she will, once the bones in her fingers knit.
_________________________
I also am subcribe to postal pornography - CAOH

Top



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