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- Xref: sparky news.sysadmin:1447 news.admin:8533 news.admin.policy:392
- Newsgroups: news.sysadmin,news.admin,news.admin.policy
- Subject: Re: What is pornography, anyway?
- Path: sparky!uunet!think.com!unixland!rmkhome!rmk
- From: rmk@rmkhome.UUCP (Rick Kelly)
- Organization: The Man With Ten Cats
- Date: Sun, 15 Nov 1992 05:13:35 GMT
- Reply-To: rmk@rmkhome.UUCP (Rick Kelly)
- Message-ID: <9211150013.37@rmkhome.UUCP>
- References: <josh.721618381@mowgli> <BxMu36.IM9@cs.uiuc.edu> <1992Nov13.153824.27660@news.columbia.edu>
- Lines: 46
-
- In article <1992Nov13.153824.27660@news.columbia.edu> dan@cubmol.bio.columbia.edu (Daniel Zabetakis) writes:
- >In article <BxMu36.IM9@cs.uiuc.edu> kadie@cs.uiuc.edu (Carl M. Kadie) writes:
- >>===== ftp eff.org:pub/academic/law/miller =======
- >>The Supreme Court's definition of obscenity (the so-called _Miller_
- >>test) is:
- >>
- >>1) must appeal to the prurient interest
- >
- > As best as I can figure this means only good porn is illegal. If a movie
- >is hot, if it features healthy and attractive people, then it is illegal. If
- >it is boring or crude, then it is OK.
- >
- >>
- >>2) must describe sexual conduct in a way that is "patently offensive"
- >>to community standards
- >>
- > So _nothing_ is obscene until it is ruled obscene in a trial. Because
- >we don't know the community standards until ruling is made.
- >
- >>and
- >>
- >>3) when taken as a whole, it "must lack serious literary, artistic,
- >>political, or scientific value"
- >>
- > Does this include educational value? Maybe a combination of literary
- >and scientific? An intro sexuality text doesn't pass any of these specific
- >tests, but has some 'value', right?
- >
- > In my opinion, point #2 mean that sysadmins don't have to worry about
- >judging obscenity for themselves. And don't forget that #3 specifies taking
- >the work as a whole. How does that apply to a.b.p.e? IS the newsgroup a
- >whole? Or is an individual posting a whole? Or is it the original publication
- >used for the test? Does the fact that what is stored on your system is
- >actually uuencoded mean that it can't be obscene. ASCII characters don't turn
- >me on.
-
- But the bottom of the line federal line in the US is:
-
- Depictions of children under the age of 18 engaged in sex or posed to
- sexually tittilate are illegal.
-
- The government does not have to prove whether it is pornographic or not.
-
- --
-
- Rick Kelly rmk@rmkhome.UUCP unixland!rmkhome!rmk rmk@frog.UUCP
-