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New Mass. Obscenity Law -- CAUTION! - 7/14/2010 3:02:26 AM   
aldompdx


Posts: 538
Joined: 10/24/2004
Status: offline 		Those of you from Massachusetts, use caution when posting. A new state law effectively prohibits virtually any "obscene" expression over the internet. Consider including matter of "serious literary, artistic, political or scientific value."
Groups sue Mass. over newly expanded obscenity law
Massachusetts Law About Obscenity

What are your thoughts on the extent of free speech under the First Amendment to the U.S. Constitution, in relation to any possibility however remote that a minor could gain access?
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RE: New Mass. Obscenity Law -- CAUTION! - 7/14/2010 3:19:58 AM   
DarkMasquerade


Posts: 20
Joined: 11/17/2009
From: Germany
Status: offline 		Once again I am glad I don't live in the United States....

(in reply to aldompdx)
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RE: New Mass. Obscenity Law -- CAUTION! - 7/14/2010 5:40:42 AM   
Kana


Posts: 6676
Joined: 10/24/2006
Status: offline 		Oh boy
The old It's in the best interest of the people (or the children) reason to circumvent constitutional rights.

Good luck enforcing this. Matter of fact, maybe people should dedicate a few minutes sending the Attorney general of Mass a derogatory email just to let him know what you think.

Something like,

Hello, Ya damned Skippy ass bitch
Your new law is fucking stupid, only a shitbird would pass something so moronic.
Later,
K



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RE: New Mass. Obscenity Law -- CAUTION! - 7/14/2010 6:55:20 AM   
TheHeretic


Posts: 19100
Joined: 3/25/2007
From: California, USA
Status: offline 		Liking it, Kana. The email address can be found at the bottom of this page
http://www.mass.gov/?pageID=cagoutilities&L=1&sid=Cago&U=Cago_contact_us#Email Listing

Freedom of speech is a rare and precious thing. Defend it.

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RE: New Mass. Obscenity Law -- CAUTION! - 7/14/2010 7:03:22 AM   
anorak


Posts: 13
Joined: 5/24/2009
Status: offline
quote:

ORIGINAL: Kana
Good luck enforcing this.


How does someone go about enforcing this?

Does anyone in law enforcement have nothing more important to do?

How does one actually define obscene?

Just curious.

(in reply to Kana)
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RE: New Mass. Obscenity Law -- CAUTION! - 7/14/2010 8:20:26 AM   
juliaoceania


Posts: 21383
Joined: 4/19/2006
From: Somewhere Over the Rainbow
Status: offline 		This will be challenged because it is a violation of the First Amendment...

Donate money to fight it

Edited to add, if people do not want their minors to see "obscenity" they need to disconnect the internet....

< Message edited by juliaoceania -- 7/14/2010 8:21:54 AM >

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RE: New Mass. Obscenity Law -- CAUTION! - 7/14/2010 8:26:39 AM   
laurell3


Posts: 6577
Joined: 5/5/2005
Status: offline 		Yeah that statute is so overly broadly written it encompasses protected speech that has no risk of harm to anyone. I can't possibly see this law withstanding a constitutional challenge if the law is applied correctly, although I don't have as much faith with our current USSC line-up as I have had in the past.

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RE: New Mass. Obscenity Law -- CAUTION! - 7/14/2010 9:32:24 AM   
DesFIP


Posts: 25191
Joined: 11/25/2007
From: Apple County NY
Status: offline 		The obscene expression will fail in court. It always does. Obscene is determined by community standards. Since search engines can tell what are the most popular searches per state, and since porn is always high on the list, community standards will be held to include that.

As far as child pornography being forbidden, I'm all for it.


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RE: New Mass. Obscenity Law -- CAUTION! - 7/14/2010 9:52:23 AM   
kitastrophe33


Posts: 85
Joined: 9/3/2007
Status: offline 		For sure. A blatant violation that will be challenged (rather quickly, I'd imagine) and taken to the supreme court if necessary.

quote:

This will be challenged because it is a violation of the First Amendment...

(in reply to juliaoceania)
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RE: New Mass. Obscenity Law -- CAUTION! - 7/14/2010 11:37:17 AM   
PeonForHer


Posts: 19612
Joined: 9/27/2008
Status: offline
quote:

ORIGINAL: DarkMasquerade

Once again I am glad I don't live in the United States....


Still, at least they have a written constitution that they can throw at the powers that be.  We could do with one of those in the UK.

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RE: New Mass. Obscenity Law -- CAUTION! - 7/14/2010 12:48:53 PM   
fipsie69


Posts: 48
Joined: 7/3/2009
Status: offline
quote:

Still, at least they have a written constitution that they can throw at the powers that be.  We could do with one of those in the UK.


The "US Constitution" is a lovely idea from the colonies, pity it gets ignored all the time.

Wouldn't make any difference if we (UK) did have one as we're British Subjects!! Subjects of the Crown, Queenie's little subs, she could what she wanted with us - theoretically. Mind the French royal family tried that and look where it got them (couldn't find a guillotine smiley - Holly?)

Have you see this:
British law does not recognize the possibility of consenting to bodily injury. Such acts are illegal, even between consenting adults, and these laws are enforced. In the Criminal Justice and Immigration Bill 2007, the British Government cited the Spanner case as justification for criminalizing images of consensual acts, as part of its proposed criminalization of possession of "extreme pornography".

So, as I understand it, you can't even look at someone being spanked, let alone do it!! Aaaaaa - freedom, democracy: words used to sell records, nothing more these days.

I'm glad I don't live in either country.

Sorry to be such a bundle of joy this evening but it really gets up my nose. I pay a massive amount of tax and expect 1st World governments (or European ones at least) to do what I want not the other way round. They work for ME!! Grrrrr

ok they can work for the rest of you too, sometimes



(in reply to PeonForHer)
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RE: New Mass. Obscenity Law -- CAUTION! - 7/14/2010 12:59:28 PM   
aldompdx


Posts: 538
Joined: 10/24/2004
Status: offline
quote:

British law does not recognize the possibility of consenting to bodily injury. Such acts are illegal


While at the same time, non-consensual corporal punishment and injury of a minor is legal.


(in reply to fipsie69)
Profile   Post #: 12
RE: New Mass. Obscenity Law -- CAUTION! - 7/14/2010 1:05:35 PM   
aldompdx


Posts: 538
Joined: 10/24/2004
Status: offline 		Rather than merely presuming the actual law already void for unconstitutionality, most people do not want to be a guinea pig of the state's test case. Thus this thread.

(in reply to aldompdx)
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RE: New Mass. Obscenity Law -- CAUTION! - 7/14/2010 1:40:09 PM   
defiantbadgirl


Posts: 2988
Joined: 11/14/2005
Status: offline 		What's even scarier is the possible consequences of violating that law. If they can make a man register as a sex offender because he's caught pissing outside (indecent exposure), what's to stop them from finding a way to do the same thing over this? I'm glad I don't live there.

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RE: New Mass. Obscenity Law -- CAUTION! - 7/14/2010 4:14:45 PM   
laurell3


Posts: 6577
Joined: 5/5/2005
Status: offline 		This is not a matter of "living there", if the USSC upholds a law like this, you better bet that every conservative state will be enacting one.

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I cannot be defined by moments in my life, but must be considered for by the entirety of my existence.

When you fail to consider that I am the best judge for what is right for me, all of your opinions become suspect to me.

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RE: New Mass. Obscenity Law -- CAUTION! - 7/14/2010 4:17:46 PM   
Slavehandsome


Posts: 382
Joined: 9/19/2004
Status: offline 		Freedom Leads To Crime. Freedom=Crime

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RE: New Mass. Obscenity Law -- CAUTION! - 7/14/2010 7:28:58 PM   
angelikaJ


Posts: 8641
Joined: 6/22/2007
Status: offline
quote:

ORIGINAL: laurell3

This is not a matter of "living there", if the USSC upholds a law like this, you better bet that every conservative state will be enacting one.


Yes, and Massachusetts isn't usually considered to be "conservative".

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RE: New Mass. Obscenity Law -- CAUTION! - 7/14/2010 8:44:21 PM   
TheHeretic


Posts: 19100
Joined: 3/25/2007
From: California, USA
Status: offline
quote:

Massachusetts isn't usually considered to be "conservative".


This is not a "conservative" law, no matter how much it might appeal to social conservatives. This is an authoritarian law, which more liberal types too often are quite ok with.

_____________________________

If you lose one sense, your other senses are enhanced.
That's why people with no sense of humor have such an inflated sense of self-importance.


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RE: New Mass. Obscenity Law -- CAUTION! - 7/14/2010 9:05:13 PM   
mastertizzi


Posts: 19
Joined: 7/7/2010
Status: offline 		i can't see this as actually being able to stay in act for too long. freedom of speech, enough said.

(in reply to angelikaJ)
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RE: New Mass. Obscenity Law -- CAUTION! - 7/14/2010 11:36:51 PM   
Nineveh


Posts: 1299
Joined: 2/5/2008
Status: offline
quote:

ORIGINAL: DarkMasquerade

Once again I am glad I don't live in the United States....


UK already has a similar law on a national level, as does Australia.

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