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RE: Protecting 1st Amendment Rights - 11/5/2005 12:01:04 AM   
TheHungryTiger


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quote:

Yeah, I hope so. But with benches stuffed with right-wing ideologues, I'm not as optimistic as I would have been ten years ago.
On what grounds? Someone who believes in limited government, the rights of a business to operate as they wish, and a strict interptation of the tenth admenment, would be a person very much againt a badly worded and selectivly enforced law that meddles in the operation of a private business.

(in reply to Lordandmaster)
Profile   Post #: 101
RE: Protecting 1st Amendment Rights - 11/5/2005 5:16:54 AM   
JohnWarren


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quote:

ORIGINAL: TheHungryTiger

The bulk of closing websites are shutting down not because of fear of obscenity charges, but because they cant handle the increased load of paperwork.



quote:

ORIGINAL: Lordandmaster

OK, not to sound obtuse, but WASN'T THAT THE POINT? I don't understand what you're trying to say. The legislation isn't bad because it's not shutting down websites; it's just causing website operators to shut down because they can't handle the extra paperwork? Then isn't the legislation causing websites to shut down by drowning them in paperwork?



And drowing them in paperwork in which the slightest irregularity can lead to long periods of imprisionment. You've hit it right on the head. It's not just work, but an understandable fear.

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Profile   Post #: 102
RE: Protecting 1st Amendment Rights - 11/5/2005 5:27:26 AM   
JohnWarren


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quote:

ORIGINAL: TheHungryTiger

It is bad law. And the instant 2257 goes to appelet review it will be argued that "chilling efect" is happening and then cite United States of America vs. Extreme Associates to show that if an item is legal, then legslation blocking the distrubution of that item is efectivly rendering the item itself ilegal. When this happens, the bad law will get overturned.


Not even taking into consideration the hundreds of thousands of someone's dollars that will be needed to argue this and other cases to the Federal appelate level and probably to the USSC, there are no guarantees the the courts will see it your way.

Moving out of the sexual area, let's take a guy in Florida who runs a plant nursery. He flies to California taking with him $100,000 in a locked case to participate in a plant auction. In California, police discover the money, assume that he is a drug courier. They investigate and release him, but keep the money under the Omnibus Drug Act. Case goes to the Supreme Court. State gets to keep the money because there was a "logical suspicion there might have been drug dealings. No trial, just a guess. Bad law, guy still loses.

Bad laws don't always lose out.

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(in reply to TheHungryTiger)
Profile   Post #: 103
RE: Protecting 1st Amendment Rights - 11/5/2005 5:31:07 AM   
JohnWarren


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quote:

ORIGINAL: TheHungryTiger

quote:

Yeah, I hope so. But with benches stuffed with right-wing ideologues, I'm not as optimistic as I would have been ten years ago.
On what grounds? Someone who believes in limited government, the rights of a business to operate as they wish, and a strict interptation of the tenth admenment, would be a person very much againt a badly worded and selectivly enforced law that meddles in the operation of a private business.


You mean a group of judges who would take a block of small mom and pop stores that are doing a healthy business in an admittedly working class neighborhood and let the government come in and seize them "for the public good". That public good being giving the land to a developer who will erect expensive town homes on the site.

Yah, you're right, couldn't happen!

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Profile   Post #: 104
RE: Protecting 1st Amendment Rights - 11/5/2005 5:54:29 AM   
wipmebeetme100


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quote:

1) Yes there is a "porn squad". Its made up of a grand total of eight agents right now. Thats all. Just eight. Inside the DOJ the whole project is a total joke. Ya had better not piss off your boss or he will transfer you to the porn squad. If the DOJ was WalMart, then the porn squad would be pushing shopping carts out of the parking lot. It is the job your assigned to do as punishment.

2) Red Rose hasn't been charged with anything. There was an investigation against a pedophile and some material from Red Rose was found on that guys computer. They are evidence in a separate case, not the case itself.

3) Max hardcore likewise hasn't been officially charged with anything either. It is again the case where the feds were looking for kiddy-porn. It should be noted that max hardcore has already had a case go to the supreme court once before and he won




#1 According to NCSF – there have been 40 obscenity convictions since the start of George W. Bush's presidency in 2001, with 20 additional cases pending, compared with just four during the Clinton administration.


#2 Obscenity charges were filed against the owner of Pittsburgh-based Red Rose Stories, a Web site featuring erotic fiction, after federal agents raided her home while she was away and seized computer equipment. This prosecution sets a precedent by targeting text, as opposed to just photos and video

#3 Also in October, FBI agents raided the California and Florida offices of Max World Entertainment, which operates http://www.Maxhardcore.com.
Does it have to result in a case being filed, before it counts? Before we stand up and take notice? Isn't it enough that the new regulations justified the raid of two offices?

HELLO.....WAKE-UP......TAKE ACTION

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Happiness is like peeing your pants: Everyone can see it, but only you can feel its warmth
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(in reply to TheHungryTiger)
Profile   Post #: 105
RE: Protecting 1st Amendment Rights - 11/5/2005 6:02:15 AM   
candystripper


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quote:

HELLO.....WAKE-UP......TAKE ACTION

wipmebeetme100


Someone i respect has suggested working with the NCSF at this time; the ACLU evidentially has no interest in these cases.

Nothing prevents anyone from also emailing their Senator or Congressman regarding the actions of the Bush administration.

i think we need to ask NCSF what their plans are; if they will just be going forward with the litigation or if they have plans to march, protest, testify, etc.

And as i have said before, we need to watchdogs; many of the prosecutions will occur in small towns or other places the Administration believes will be shocked by BDSM and condemn it. Anyone aware of an arrest should report it on the boards.

candystripper

(in reply to wipmebeetme100)
Profile   Post #: 106
RE: Protecting 1st Amendment Rights - 11/5/2005 6:50:35 AM   
TheHungryTiger


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quote:

You mean a group of judges who would take a block of small mom and pop stores that are doing a healthy business in an admittedly working class neighborhood and let the government come in and seize them "for the public good". That public good being giving the land to a developer who will erect expensive town homes on the site.

Yah, you're right, couldn't happen!
If your talking about KELO v. CITY OF NEW LONDON then lets review a few things ......

Those who voted to suport big government taking away the land from the mom & pop shops
Stevens
Kennedy
Souter
Ginsburg
Breyer

Those who voted for smaller government and saying the city government of the town should mind their own damn business
O'Connor
Rehnquist
Scalia
Thomas

Remind me again how it is the consertives that are in favor of the government controling your life?

(Oh, by the way, you dont have to take my word on it. You can see the case report for yourself right here http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=04-108 )


(in reply to JohnWarren)
Profile   Post #: 107
RE: Protecting 1st Amendment Rights - 11/5/2005 7:25:42 AM   
TheHungryTiger


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quote:

HELLO.....WAKE-UP......TAKE ACTION
And exactly what action do you suggest? Should I run up and down the street in a blind panic flailing my arms over my head screaming "We are doomed! This is the end!"

Government itself *IS* is the problem. A political action committee is asking the government to get the government out of your bedroom. That wont happen. Writing to your representative is asking the government to get the government out of your bedroom. That wont happen. Marching on Washington is asking the government to get government out of your bedroom. That wont happen. Government in any form, left and right either one, only fosters more government. You want government out of your bedroom you cant go trying to find a government solution to do that. You gotta do it yourself.

Consider the last time the government tried to control actions happening on the net. Consider Napster. There was no massive march on Washington demanding that people be given the right to download music. There was not a non-profit charity that was lobbying congress. There was no letter writing campaign. People who thought the law was stupid just went on about their everyday lives. They didn't let some bureaucrat rattle them. Even when the government succeeded in closing napster, people kept right on trading music anyway.

To turn a phrase : "The people who committed these acts are clearly determined to try to force the us and our values to withdraw back into the closet. Or to respond by curtailing our freedoms. If we do that, the politicians will have won. And we have no intention of doing so." ..... The solution to the problem is not to curl up in a fetal position on the floor and cry our eyes out about how that evil nasty rotten George Bush is destroying the world and dreaming about how much better things would be if the "correct" form of government was in power. There is no such thing as the "correct" form of government. The solution is to get on with our lives.

(in reply to wipmebeetme100)
Profile   Post #: 108
RE: Protecting 1st Amendment Rights - 11/5/2005 8:55:58 AM   
wipmebeetme100


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quote:

And exactly what action do you suggest? Should I run up and down the street in a blind panic flailing my arms over my head screaming "We are doomed! This is the end!"


Only if you have a secret deep-rooted desire to be like Chicken Little.

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Profile   Post #: 109
RE: Protecting 1st Amendment Rights - 11/5/2005 9:18:19 AM   
JohnWarren


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quote:

ORIGINAL: wipmebeetme100

quote:

And exactly what action do you suggest? Should I run up and down the street in a blind panic flailing my arms over my head screaming "We are doomed! This is the end!"


Only if you have a secret deep-rooted desire to be like Chicken Little.


It would have kinda ruined the book to have Chicken Little sign up with NCSF and work on a mass mailing committee [grin]

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Profile   Post #: 110
RE: Protecting 1st Amendment Rights - 11/5/2005 9:32:54 AM   
candystripper


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Poor Chicken Little...and the Boy Who Cried Wolf...and Pandora..and Casseopia..LOL.

<believes CNN is not a omnipresent force, reporting all newsworthy information>

candystripper.

(in reply to JohnWarren)
Profile   Post #: 111
RE: Protecting 1st Amendment Rights - 11/5/2005 3:05:46 PM   
candystripper


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quote:

What do you propose, an anonymous letter writing campaign using various made up nicknames and persona?

Merc & beth


No..sorry we are having such trouble communicating today. You already know i respect Your opinions here; so if i offended You, please accept my apology.

Myself, i see no particular point to be made insofar as the political fight is concerned by attending a munch; i would imagine many people there are not 'out" to the world. However, i can see Your point that merely exercising a freedom helps keep it available.

i think it will be a conundrum for many people who want to oppose Bush and the Attorney General, but some many need to remain "in" and may be able to do no more than contribute money anonymously. Others who CAN afford to be out can send email or letters, signed with their names, protesting the actions of the Administration.

As i have said before, i have only state-level exerience, but IMO an office visit with a pol, with a petition in hand, can rattle their nerves. Maybe we can do no more than awaken them to the possibility of repercussions in votes or support.

What's hard to accept is that "nothing can be done".

candystripper


< Message edited by candystripper -- 11/5/2005 3:06:49 PM >

(in reply to Mercnbeth)
Profile   Post #: 112
RE: Protecting 1st Amendment Rights - 11/5/2005 3:54:07 PM   
candystripper


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quote:

I guess it is if you are a censor. In a few months I will be doing a demo in Oklahoma that will feature vaginal penetrations with a knife, a branding and needle dance. This particuar class has taken place at groups around the chountry with no serious injuries. I'm not about to tone down things.

JohnWarren


Holy cow! i NEVER would have guessed this could be done safely. i learn something every time You post, Sir. Please forgive my ignorance.

candystripper

(in reply to JohnWarren)
Profile   Post #: 113
RE: Protecting 1st Amendment Rights - 11/5/2005 5:40:41 PM   
JohnWarren


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From: Delray Beach, FL
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quote:

ORIGINAL: candystripper

quote:

What do you propose, an anonymous letter writing campaign using various made up nicknames and persona?

Merc & beth


No..sorry we are having such trouble communicating today. You already know i respect Your opinions here; so if i offended You, please accept my apology.

Myself, i see no particular point to be made insofar as the political fight is concerned by attending a munch; i would imagine many people there are not 'out" to the world. However, i can see Your point that merely exercising a freedom helps keep it available.

i think it will be a conundrum for many people who want to oppose Bush and the Attorney General, but some many need to remain "in" and may be able to do no more than contribute money anonymously. Others who CAN afford to be out can send email or letters, signed with their names, protesting the actions of the Administration.

As i have said before, i have only state-level exerience, but IMO an office visit with a pol, with a petition in hand, can rattle their nerves. Maybe we can do no more than awaken them to the possibility of repercussions in votes or support.

What's hard to accept is that "nothing can be done".

candystripper


In any case one need not identify with the group attacked to protest an unfair law or other attack in a signed letter or at a protest.

I recall last year Libby and I were outside the Massachusetts State House as part of a protest of a bill designed to strip marriage rights from gays. I was interviewed by a TV reporter who asked me some very good questions and then I said, "And my partner of 12 years agrees with me." The camera pulled back a bit and I gave Libby a nice kiss on the cheek as she smiled into the lens.

That bit ran both locally and nationally since it was a clear statement that a law aimed only at gays was also opposed by heterosexuals.

Is someone is really nervous at being labeled a sadomasochist or a porn watcher for opposing the laws, he or she could always include Martin Niemoeller's quote to divert suspicion.

It's better than doing nothing.

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Profile   Post #: 114
RE: Protecting 1st Amendment Rights - 11/6/2005 6:46:55 AM   
candystripper


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i feel Your voice here is necessary..wise...and informative.

i will ask more by email.

candystripper

(in reply to JohnWarren)
Profile   Post #: 115
RE: Protecting 1st Amendment Rights - 11/6/2005 8:29:35 AM   
candystripper


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quote:

OK, not to sound obtuse, but WASN'T THAT THE POINT? I don't understand what you're trying to say. The legislation isn't bad because it's not shutting down websites; it's just causing website operators to shut down because they can't handle the extra paperwork? Then isn't the legislation causing websites to shut down by drowning them in paperwork?

Lordandmaster


If You and i begin a Utopia...and You have the sole power to write substantive laws..and i have the sole power to write procedural laws and regulations...i will be in control, every time. What 2257 may be doing is what was intended...forcing web sites to close because they lacked the foresight to know someday they'd need much, much more paperwork than they accepted at the time the story/visual was posted.

i wonder about some of the sites i know of, which have extensive visual/story galleries, and have apparently done nothing in response to the new regulation. How are they evading it...or are they just braver, planning to test the new regulation in court?

candystripper


< Message edited by candystripper -- 11/6/2005 8:30:44 AM >

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RE: Protecting 1st Amendment Rights - 11/6/2005 9:23:46 AM   
stef


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quote:

ORIGINAL: candystripper

Holy cow! i NEVER would have guessed this could be done safely. i learn something every time You post, Sir. Please forgive my ignorance.

Please try to keep this moment in mind the next time you think of tarring and feathering an activity you know nothing about.

~stef

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Profile   Post #: 117
RE: Protecting 1st Amendment Rights - 11/6/2005 9:37:26 AM   
candystripper


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quote:

It is bad law. And the instant 2257 goes to appelet review it will be argued that "chilling efect" is happening and then cite United States of America vs. Extreme Associates to show that if an item is legal, then legslation blocking the distrubution of that item is efectivly rendering the item itself ilegal. When this happens, the bad law will get overturned.

What I am trying to do is point out what the law actualy is, not what reactionary hysterics claim the law is. From the way some people are reacting you would think that 2257 read "George Bush himself personaly now has legal right to kick down the door of anyone he disagrees with religiously and drag that person off to a fenced camp for reeducation"

In no way am I claiming that we should all just sit back and relax with our feet up. All I am saying is that now is not the time to be waiting up sitting in a chair in yoru living room with a loaded shotgun in fear that the feds will raid you in the middle of the night.

TheHungryTiger


It all depends on what test the Supremes apply to 2257. If strict scrutiny, the regulation will probably fail to pass constitutional muster. If it is the "balancing test" (balancing governmental interests against those of people adversely affected) or the "Lemon Test ("is the regulation rational?") the regulation will probably stand. Bear in mind the best argument in favor of overturning the regulation arises in part from "privacy rights" which earlier Supreme Court decisions have recognised as "penumbra", meaning the word "privacy" does not appear in rhe Constitution, but earlier Courts inferred the framers meant us to enjoy our privacy free of governmental restraint in at least some ways.

This Court is free to do away with "privacy" in its entirety or simply limit it so that it is inapplicable to 2257. BTW, this is the reason there is so much anxiety over the woman's right to control her reproductive system...because Roe v. Wade, the seminale case, rests on privacy arguments.

As to 2257, the web sites or other litigants can also argue 1st Amendment rights; to free speech and free association, but if the issue or specter of children having access to such sites moves the exsting Court sufficiently, 1st Amendment is trumped. It is not an absolute guarantee to say or display whatever you wish, even now. E.g., the infamous "obscenity" cases.

candystripper


< Message edited by candystripper -- 11/6/2005 9:38:50 AM >

(in reply to TheHungryTiger)
Profile   Post #: 118
RE: Protecting 1st Amendment Rights - 11/6/2005 9:43:47 AM   
candystripper


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quote:

Not even taking into consideration the hundreds of thousands of someone's dollars that will be needed to argue this and other cases to the Federal appelate level and probably to the USSC, there are no guarantees the the courts will see it your way.

Moving out of the sexual area, let's take a guy in Florida who runs a plant nursery. He flies to California taking with him $100,000 in a locked case to participate in a plant auction. In California, police discover the money, assume that he is a drug courier. They investigate and release him, but keep the money under the Omnibus Drug Act. Case goes to the Supreme Court. State gets to keep the money because there was a "logical suspicion there might have been drug dealings. No trial, just a guess. Bad law, guy still loses.

Bad laws don't always lose out.

JohnWarren


There have been exposes on southern states (Florida, especially) in which some counties partially fund their police and sherrif's departments with "forfeited" property sales. Travelers from out-of-state, and in some cases, Hispanics and Blacks, are also racially profiled as drug couriers; which BTW is a man (or woman) driving alone, below the speed limit, in a late-model car or SUV. And still, the courts do nothing.

candystripper

(in reply to JohnWarren)
Profile   Post #: 119
RE: Protecting 1st Amendment Rights - 11/6/2005 10:43:01 AM   
kinkiminx


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From: Brighton, Sussex, UK
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Something similar, but slightly different is happening in the UK. As the government here doesn't have the same religious ideals to use as leverage, it's being taken more slowly. Though bdsm is one of the first targets as the government has proposed that anything deemed "sexually violent" should be removed from the internet, and the resulting consequence of viewing such an image should be a 3 year prison sentence. "Sexually violent" isn't defined very well either, and faked images are included too.

Take a look here for more information..

www.backlash-uk.org.uk

kinkiminx

(in reply to candystripper)
Profile   Post #: 120
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