ExKat -> RE: Federal Conviction for Hardcore Porn Producer (10/11/2008 5:11:35 AM)
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ORIGINAL: TheHungryTiger Heck, I would call it progress if anyone mention (even just mention in passing) the other two prongs of the miller test instead of just repeating the 'community standards' line over and over. "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[2] specifically defined by applicable state law, Whether the work, taken as a whole, lacks serious literary, artistic, political or scientific value." from Wikipedia, source of all knowledge. So....are you seriously implying at Max Hardcore's pornography isn't patently offensive? Or that it has some redeeming literary or political value? His pornography, love it or hate it, is hardcore shit that would be patently offensive to the vast majority of people. I'm more than moderately kinky and I like to think I'm pretty open-minded, but the extreme humiliation in his videos Is Meant To Be Offensive! Max Hardcore WANTS it to be offensive. So, prong 2 is a moot point. Dude-porn doesn't really have any redeeming value. Max Hardcore doesn't make attempts at plot beyond "So we found/kidnapped/have this girl, and we're gonna do weird shit to her....". The reason the case focuses on the first prong is because the other two can be dismissed out of hand by a reasonable person. Yes, I'm sure there are people on the message boards who will disagree. Perhaps you find a woman sobbing about how she was going to "be somebody" while men take turns urinating on her to be artisticly beautiful. Probably that isn't patently offensive with you. However, you aren't the average reasonable person. No matter how kinky you may be, the fact that you're on CM indicates you're at least relatively interested or open-minded towards the humiliating, deragatory, excretory acts involved therein. Hungry....your Law & Order knowledge of the legal system doesn't really take into account the legal realities. Lawyering is about wordplay and defining words. The court has to prove that he sent obscene material through the mail. As such, they have to prove a) that it was obscene, b) that it was offensive, and c) that it went through the mail. The obscenity clause is the only one particularly interesting to kinksters, unless they happen to really, really like the mail. As such, it's not surprising that's what we're talking about.
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