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- Path: sparky!uunet!ogicse!uwm.edu!ux1.cso.uiuc.edu!cs.uiuc.edu!kadie
- From: kadie@cs.uiuc.edu (Carl M. Kadie)
- Newsgroups: news.sysadmin,news.admin,news.admin.policy
- Subject: Re: What is pornography, anyway?
- Message-ID: <BxvCzn.5qw@cs.uiuc.edu>
- Date: 17 Nov 92 16:40:35 GMT
- Article-I.D.: cs.BxvCzn.5qw
- References: <josh.721618381@mowgli> <BxMu36.IM9@cs.uiuc.edu> <1992Nov13.153824.27660@news.columbia.edu> <9211150013.37@rmkhome.UUCP> <BxtEJ3.50I@cs.uiuc.edu> <9211161755.29@rmkhome.UUCP>
- Organization: University of Illinois, Dept. of Comp. Sci., Urbana, IL
- Lines: 60
-
- rmk@rmkhome.UUCP (Rick Kelly) writes:
-
- [...]
- >Guess I was thinking more of the Massachusetts state government than federal
- >statutes. A depiction of a minor in the nude is considered pornography in
- >Mass.
-
- That law was overturned:
-
- "The Supreme Judicial Court of Massachusetts heard an appeal by Oakes
- on February 3, 1987, and on February 1, 1988 in a 4-to-3 decision
- sustained his challenge to $ 272-29A. Justice Wilkins, writing for the
- majority, asserted that the court need not consider Oakes's behavior
- because the statute itself was fatally overbroad." [reference at end]
-
- In response, Massachusetts amended the law to apply only to images
- created with 'lascivious intent.'. The new law has not been tested in
- court.
-
- - Carl
-
- p.s. The reference is the best discussion of child porn laws I've
- read. If you want the facts (such as they are), you should read it.
-
- ANNOTATED REFERENCES
-
- (All these documents are available on-line. Access information follows.)
-
- =================
- law/child-porn.silvers
- =================
- * Expression -- Child Porn -- Silvers
-
- The Application of Child Pornography Statutes to Non-Obscene Art and
- Family Photography by Jolyon Silversmith, silvers3@husc8.harvard.edu.
- It is a term paper written in May, 1992 for Government 1341:
- Constitutional Law at Harvard University.
-
- =================
- =================
-
- If you have gopher, you can browse the CAF archive with the command
- gopher gopher.eff.org
-
- These document(s) are also available by anonymous ftp (the preferred
- method) and by email. To get the file(s) via ftp, do an anonymous ftp
- to ftp.eff.org (192.88.144.4), and get file(s):
-
- pub/academic/law/child-porn.silvers
-
- To get the file(s) by email, send email to archive-server@eff.org.
- Include the line(s) (be sure to include the space before the file
- name):
-
- send acad-freedom/law child-porn.silvers
-
-
-
- --
- Carl Kadie -- kadie@cs.uiuc.edu -- University of Illinois at Urbana-Champaign
-