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Originally Posted by PTravel
Originally Posted by
FliesWay2Much
The test is "Does the material violate local community standards?" If it does, porn that violates local community standards is illegal.
Absolutely incorrect.
First, there is no legal definition of "pornography," nor are there any legal prohibitions regarding pornography.
That which may be prohibited is termed, "obscenity" which, by definition, is considered "not speech" and therefore outside the protections of the First Amendment. The test for obscenity was defined in the U.S. Supreme Court case, Miller v. California. The test has three prongs:
- Whether the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest,
- Whether the work depicts/describes, in a patently offensive way, sexual conduct or excretory functions specifically defined by applicable state law,
- Whether the work, taken as a whole, lacks serious literary, artistic, political or scientific value.
Unless a work satisfies all three prongs it is not obscene and cannot be prohibited by law on the grounds that it is obscene.
Federal law regarding child pornography is found at 18 U.S.C. § 2251 et al.
It's bad enough that TSA plays fast and loose with the law. Let's not do that here on FT.
Whoa!! Give me a break. I'm not a lawyer, obscenity issues aren't exactly in my top ten issues, and give me credit for getting 1/3 of it right.
The interesting thought is that my understanding of obscenity laws is probably very close to everyone in the TSA, including Francine The Googler.