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US Couple Gets Prison Time For Internet Obscenity

angry tapir writes "The husband and wife owners of a California company that distributed pornographic materials over the Internet have been each sentenced to one year and one day in prison. Extreme Associates and owners Robert Zicari, also known as Rob Black, 35, and his wife, Janet Romano, aka Lizzie Borden, 32, pleaded guilty in March to a felony charge of conspiracy to distribute obscene material through the mail and over the Internet."

574 comments

  1. Privacy? Huh? by QuantumG · · Score: 5, Insightful

    In August 2003, a federal grand jury in Pittsburgh returned a 10-count indictment against Extreme Associates for violating federal obscenity statutes. In January 2005, a district court judge dismissed the indictment, saying that the federal obscenity statutes were unconstitutional. The government appealed, and Buchanan argued the case in October 2005 before the Third Circuit Court of Appeals.

    In December 2005, the appeals court reversed the decision of the district court and held that the federal statutes regulating the distribution of obscenity do not violate any constitutional right to privacy. The case was then remanded back to the district court.

    Wow.. just Wow. What the fuck has happened to the US? What happened to free speech? Wasn't all this shit worked out in the 70s? Why the hell was the unconstitutional finding to do with privacy and not freedom of speech?

    Please tell me the next stop is to the supreme court where this will be sorted out.

    --
    How we know is more important than what we know.
  2. Re:Privacy? Huh? by sopssa · · Score: 5, Informative

    Since the summary didnt tell it: "Extreme Associates produced and distributed sexually degrading material that portrayed women in the most vile and depraved manner imaginable," U.S. Attorney Mary Beth Buchanan, of the Western District of Pennsylvania, said in a statement. "These prison sentences affirm the need to continue to protect the public from obscene, lewd, lascivious or filthy material, the production of which degrades all of us."

    It's nice that theres no problems killing people in movies, but once theres some titties you go to jail in usa :)

  3. Most amazing of all... by Anonymous Coward · · Score: 5, Funny

    People are still getting porn delivered in the mail?

    1. Re:Most amazing of all... by jamstar7 · · Score: 1

      People are still getting porn delivered in the mail?

      That's the problem, see. Used to be, the government knew and got paid for delivering your porn to you (the USPO was part of the government back then, remember?). Now, with the invention of the internet, you can get all the porn you want, without having to wait for the friendly mailman to deliver it to you. That cut into the USPO's profits, and of course, the government now has to rely on the NSA to find out who's getting what. Much less cost effective.

      It's all about the money. That's all it's ever been about.

      --
      Understanding the scope of the problem is the first step on the path to true panic.
    2. Re:Most amazing of all... by blackraven14250 · · Score: 1

      Don't get people thinking about how old they are.....

  4. Re:Privacy? Huh? by Andr+T. · · Score: 5, Interesting

    I was thinking to myself... why is this any different to any porn site out there? Is porn now prohibited in the US?

    I thought there was child porn or something like that, but, after reading TFA, I can't see a problem at all.

    --

    Any life is made up of a single moment, the moment in which a man finds out, once and for all, who he is.

  5. Re:Privacy? Huh? by QuantumG · · Score: 4, Insightful

    I have no doubt that the porn they were distributing could well have been "degrading" women by portraying them in a "vile and depraved manner", as for the "most imaginable" part, I'm sure my imagination is a little better than yours Mary Beth, being that many pornographic movies serve exactly that purpose.. but last I looked that was still protected speech.. thus my shock at the finding.

    --
    How we know is more important than what we know.
  6. Re:Privacy? Huh? by Andr+T. · · Score: 5, Insightful

    It's nice that theres no problems killing people in movies, but once theres some titties you go to jail in usa :)

    'We train young men to drop fire on people. But their commanders won't allow them to write "fuck" on their airplanes because it's obscene! '

    --

    Any life is made up of a single moment, the moment in which a man finds out, once and for all, who he is.

  7. Re:Privacy? Huh? by nattt · · Score: 1

    So the 1st amendment is dead.

    --
    -- oldthinkers unbellyfeel ingsoc
  8. The Brits had sense enough to run the Puritans out by Leghorn · · Score: 5, Insightful

    Unfortunately, they came to America.

    --
    ----- Leghorn "Not responsible for program content"
  9. Pornography illegal? by Svenne · · Score: 1

    Is it illegal to distribute pornography in California? I'm not familiar with California state law and I'm genuinly curious. I'm assuming it's not illegal nationwide, considering all the porn I've watc.. ehh.. heard of that's produced in the USA.

    If it's not illegla, why were they sentenced? I read the article and it didn't help make me understand.

    --

    Slagborr
    1. Re:Pornography illegal? by canajin56 · · Score: 1

      Pornography and sex toys are illegal in the entire USA. Since they

      --
      ASCII stupid question, get a stupid ANSI
    2. Re:Pornography illegal? by tinkerghost · · Score: 1

      Is it illegal to distribute pornography in California?

      It's illegal to ship obscene material through the US mail.

  10. Re:Privacy? Huh? by struppi · · Score: 3, Informative

    I saw the documentary "Deep Throat" some time ago, and it said that there were still laws against porn in the US - I couldn't believe it, but it seems to be true. But I am not a lawyer and not from the USA - Can someone with an understanding of the US laws and legal system explain what exactly the crime was? Is producing and distributing porn really a crime for which you can get jail time in the USA?

  11. This doesn't make sense. by xous · · Score: 4, Insightful

    I'm extremely confused... I don't see anything wrong here.

    Is porn illegal in the US?

    Did someone forget to tell the multi-billion dollar industry?

    1. Re:This doesn't make sense. by The+Ultimate+Fartkno · · Score: 1

      Porn is not illegal in the US. However, there are few lawyers willing to stake their reputations by vigorously defending porn that combines graphic depictions of sexuality and violent content and few communities willing to stand up and say that that sort of thing is within their standards. "Max Hardcore" got almost 4 years in prison for producing child pornography even though the actress was over 18.

      This is America. We *love* porn... until it's the kind that doesn't turn us on. Then it's filth and should be banned.

    2. Re:This doesn't make sense. by ciderVisor · · Score: 4, Funny

      We *love* porn... until it's the kind that doesn't turn us on.

      Prude: Someone who enjoys sex less than you.
      Slut: Someone who enjoys sex more than you.

      --
      Squirrel!
    3. Re:This doesn't make sense. by The+Ultimate+Fartkno · · Score: 1

      Bravo.

    4. Re:This doesn't make sense. by jmorkel · · Score: 1

      Are drugs illegal in the US?

      Did someone forget to tell the multi-billion dollar industry?

      Fixed that for you.

    5. Re:This doesn't make sense. by shutdown+-p+now · · Score: 1

      Is porn illegal in the US?

      Yes.

    6. Re:This doesn't make sense. by Seumas · · Score: 1

      It's sad that these people will unfairly do prison time while the woman who pretended to be a teenage boy in order to have sexual conversations with a thirteen year old girl and then devastate her by breaking up with her, therefore driving her to suicide, feels no guilt, no shame, and suffers no consequences.

      The weight of our justice system in this country is as ludicrous and imbalanced and irrational as our supposed "morality" (usually imposed on the whole of society by the handful of absurdly religious lunatics who fail to comprehend the principals of self-determination and freedom that the country they live in was founded on).

      If you're going to TAKE a year or more of someone's life away from them, there better be an unquestionably valid justification for doing so. Not this "well *I* don't like it so therefore..." bullshit.

    7. Re:This doesn't make sense. by adolf · · Score: 1

      Whore: Someone who gets compensated for sex more than you.

    8. Re:This doesn't make sense. by thePowerOfGrayskull · · Score: 1

      until it's the kind that doesn't turn us on. Then it's filth and should be banned.

      Or quite possibly, until it's the kind that turns prosecutors on more than they are comfortable admitting...

  12. Re:Privacy? Huh? by Anonymous Coward · · Score: 5, Insightful

    Extreme Associates produced and distributed sexually degrading material that portrayed women in the most vile and depraved manner imaginable

    So they made kinky porn? Well damn, lock them up and throw away the key guys!

    lol America

  13. Simulated Rape by jamesoutlaw · · Score: 5, Informative

    Apparently several "simulated rape" scenes in their film "Forced Entry" is what led them to be charged with committing a crime:

    http://en.wikipedia.org/wiki/Rob_Zicari#Obscenity_prosecution

    Zicari asked for help from the rest of the Adult Entertainment industry and they declined- even Larry Flynt declined to help fight the charges.

    http://news.prnewswire.com/DisplayReleaseContent.aspx?ACCT=104&STORY=/www/story/07-01-2009/0005053905&EDATE=

    1. Re:Simulated Rape by xous · · Score: 3, Insightful

      "simulated rape" is a crime?

      That's fucking ridiculous.

      How long before simulated murder is a crime?

    2. Re:Simulated Rape by Anonymous Coward · · Score: 0

      How about the rape scene in the Sopranos? It's OK to show a rape in a show about murder and all sorts of violent acts, but if it's in a porno and you can actually see genitals, it's not OK...

    3. Re:Simulated Rape by arbitraryaardvark · · Score: 1

      It's called "extreme video" for a reason. they were intentionally not making the bland boring sorts of porn, ala vivid entertainmen, but were pushing limits. combine the typical horror genre and the typical porno and you get their kind of stuff. under clinton, porn wasn't prosecuted. bush and ashcroft came in and started going after this stuff, but it bit them on the ass when extreme won the first round in court. after 9-11, bush moveed prosecutors from the war on porn to the war of terror. Extreme was able to ride out thee Bush administration. Maybe they had "hope" for "change", instead they got "same", so cutting a plea bargaain makes sense now. They will do a year, emerge as heroes.

    4. Re:Simulated Rape by SirLurksAlot · · Score: 3, Informative

      Ah, another individual who didn't think the summary told the whole story. Here are a couple more links:

      The appellate court ruling

      The case summary from Wikipedia: United States vs. Extreme Associates

      I usually don't criticize on these kind of things but honestly, but would it take all that long to do just a little more digging before posting the story? (Yes, I realize it is easier to get readers to the rest of the work :-P).

      --
      God, schmod. I want my monkey man!
    5. Re:Simulated Rape by QuantumG · · Score: 3, Interesting

      I don't really care if they were simulating bestiality.. its protected speech.

      --
      How we know is more important than what we know.
    6. Re:Simulated Rape by Threni · · Score: 1

      > "simulated rape" is a crime?
      > That's fucking ridiculous.

      Doesn't "the accused" feature simulated rape?

    7. Re:Simulated Rape by Rogerborg · · Score: 1
      Shhhh, Jack Thompson's spies are everywhere.

      I think we're safe for a while. The State - which is at heart still an Abrahamic church wearing secular clothes - thinks slaughter is just fine and dandy. View their procurement and promotion of the "murder simulator" America's Army: Operation Darkie Cull.

      No, it's enjoying sex that's the dirty, unforgivable sin. I mean, crime.

      --
      If you were blocking sigs, you wouldn't have to read this.
    8. Re:Simulated Rape by Nathrael · · Score: 1

      The difference is what the movie/TV show/etc is all about. If it's about telling a story in which rape happens, that's one thing - if it's about turning people on who get turned on by rape fantasies (essentially *promoting* their desire for rape), that's another however.

      --
      A good education is a bit like a STD - it makes you unsuitable for a lot of jobs and gives you a desire to spread it.
    9. Re:Simulated Rape by Rogerborg · · Score: 2, Insightful

      The trick is to criminalize not the "speech" per se, just the distribution of it. As long as you "say" it where nobody can hear you, that pesky ol' Constitution doesn't get in the way. See also "First Amendment Zones".

      --
      If you were blocking sigs, you wouldn't have to read this.
    10. Re:Simulated Rape by L4t3r4lu5 · · Score: 1

      Never happen; There's still at least 15 more Saw movies which can be made.

      --
      Finally had enough. Come see us over at https://soylentnews.org/
    11. Re:Simulated Rape by tjonnyc999 · · Score: 4, Interesting

      Yes, it is ridiculous.
      If Hollywood can get away with portraying real rape, why can't a porn producer get away with portraying a simulation of the same?

      FFS, there's movies like "Cannibal Holocaust" and "Last House On The Left" that show [what most people would consider to be] extreme depictions of rape, cannibalism, genital torture, and plenty of other perverse acts.
      Even classics like Ingmar Bergman's "Aus dem Leben der Marionetten" feature rape scenes and stark violence.
      Not simulated or implied rape, but real, violent, gory, crying-and-shitting rape.
      There's a torrent compilation of over 130 rape scenes from mainstream movies. And the torrent poster states that this is just a "small sample" of what's out there.
      But, apparently if it's done "ars gratia artis", it's OK - if it's done for profit+pleasure, all of a sudden we have a moral shit-storm.

      Bullshit double-standards, and weak-assed half-measures, will be the end of this society.

      Also, COCKS.

    12. Re:Simulated Rape by Sanat · · Score: 2, Informative

      here is a further clarification

      1973, the U.S. Supreme Court stated in Miller v. California that materials are obscene if they satisfy a three part test:

      (1) The average person, applying contemporary community standards, finds that the material taken as a whole, appeals to the prurient interest; and

      (2) The average person, applying contemporary community standards, finds that the material depicts sexual conduct in patently offensive manner; and

      (3) A reasonable person, viewing the material as a whole, finds that the material lacks serious literary, artistic, political or scientific value.

      Extreme Associates and its owners conceded that the charged materials are obscene under the Miller test, and that the distribution of these materials is illegal.

      --
      And in the end, the love you take is equal to the love you make
    13. Re:Simulated Rape by TheLink · · Score: 1

      > it's about turning people on who get turned on by rape fantasies (essentially *promoting* their desire for rape), that's another however.

      And those people don't happen to have a rewind button?

      You don't really have to show a rape scene to tell the audience that someone gets horrifically raped.

      After all, there are many famous murder scenes where the actual murder isn't shown in graphic detail, and apparently they can be even more impactful that way.

      So maybe we should ban rape/torture scenes in "Hollywood movies" too? That might not be such a bad thing - maybe film makers will stop relying on "right in your face stuff"[1] and start trying other tricks.

      [1] There are too many movies where the filmmakers try to scare you just by having a loud sound and a sudden movement. Whoopee I'm scared for about half a second. Let's leave the "jump out of corner and yell Boo!" to the 5 year old toddlers ok? In contrast there are movies where you end up not even wanting to look at your mirror while brushing your teeth, heck maybe you might not risk brushing your teeth that night either...

      --
    14. Re:Simulated Rape by Anonymous Coward · · Score: 0

      There's a torrent compilation of over 130 rape scenes from mainstream movies.

      Link please.

    15. Re:Simulated Rape by MightyMartian · · Score: 1

      I'm assuming this was a deal with the prosecutors.

      At any rate, I can't imagine a worse indicator of decency than community standards. Fifty years ago, community standards were against interracial marriage and sodomy. Community standards is another way of saying "Our current prejudices reign supreme."

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    16. Re:Simulated Rape by Anonymous Coward · · Score: 0

      cannibal holocaust is an extremely underrated movie, but is brilliant in the way it gets its message across.

    17. Re:Simulated Rape by Spaceman+Spiff+II · · Score: 1

      I'm going to guess the actors in those movies weren't actually forced to have sex against their will, and so it wasn't "real rape". Your so-called "Portraying real rape" is simulated rape. I don't know what "portraying simulated rape" is. Some sort of documentary or meta movie about a rape movie? Try again with that "simulated" vs. "real" distinction.

      --
      I understand that life's not fair, just why is it never unfair in my favor?
    18. Re:Simulated Rape by antibryce · · Score: 1

      Monica Bellucci filmed a simulated rape scene, where a man attacked her at knife point and spent many long minutes raping her from behind. It's a fairly disturbing scene, and it won several awards:

      http://www.imdb.com/title/tt0290673/

      It's absurd no one came to these guys' defense. yes what they film is disgusting (imho) and yes they push the envelope, but clearly someone was buying it so clearly not everyone likes the same stuff.

    19. Re:Simulated Rape by TooMuchToDo · · Score: 1

      Don't forget A Clockwork Orange and The Hills Have Eyes.

    20. Re:Simulated Rape by Anonymous Coward · · Score: 0

      You appear to have a poor grasp of the meanings of the words "real" and "simulated".

    21. Re:Simulated Rape by Anonymous Coward · · Score: 0

      Some sort of documentary or meta movie about a rape movie?.

      I'd watch that, but I'm holding out for somebody to simulate portraying simulated rape.

    22. Re:Simulated Rape by penguinchris · · Score: 1

      I agree with your point, but besides what another replier mentions regarding real vs. simulated rape (are you really trying to say that when it's in a non-porn movie it's absolutely real rape, not simulated? that's honestly what it seems like though I don't think that's what you mean), there's another factor. In *most* movies, the rape scenes are meant to horrify the viewer. In rape porn, I'm assuming they aren't trying to horrify you, but to turn you on.

      Of course, those that are into rape porn probably get a real kick out of rape in other movies, but still...

      It's the intent of the filmmaker that's at question. I don't think it should matter, myself, but I can see where they're coming from - I don't care what turns other people on, but I can see how people would get upset that things like rape turn people on. They don't like that they're depicting what anyone would agree is a horrible act in a manner that turns people on sexually.

      That said - what's the point of gory horror films if not to "turn on" parts of your brain? Most people aren't sexually aroused by violent death and gore, but we watch it in movies for entertainment.

    23. Re:Simulated Rape by blackraven14250 · · Score: 1

      Time to code a level in my game that you need to hack to get to where there's only a person in a room watching a rape scene on tv.....

  14. Re:Privacy? Huh? by the+linux+geek · · Score: 2, Informative

    "different than any porn site out there?" Wikipedia tells me that one of the porno videos involved in this case was about a teenage girl being raped by an older man. Its not really an underage girl and not really rape, of course, but this is hardly just normal porn. While I don't necessarily agree with the ruling in this case, there's no doubt that this was unusually extreme content.

  15. Re:Privacy? Huh? by HangingChad · · Score: 5, Funny

    So the 1st amendment is dead.

    Gunned down in the street by the 2nd amendment.

    --
    That's our life, the big wheel of shit. - The Fat Man, Blue Tango Salvage
  16. Re:Privacy? Huh? by wiredlogic · · Score: 1, Troll

    What the fuck has happened to the US?

    Only vanilla sex as needed for procreation is legal in the US. We only begrudgingly accept homosexuality. The article doesn't say but my guess is that they were distributing videos containing the more extreme types of sexual activity which is still considered "depraved" enough to throw people in jail. It used to be that a lot of these types of acts were difficult to come by in the VHS and DVD era but with the explosion in online video the banned activities are becoming available since the USPS is cut out of the picture. Their mistake was to not keep a low profile to keep the government prudes off their case.

    --
    I am becoming gerund, destroyer of verbs.
  17. Re:Privacy? Huh? by Anonymous Coward · · Score: 0

    Really sad.

    This concept transcends political lines as all sides do it: the Constitution applies only when its something is deemed right in the beholder's "eye". If it appears to go counter to the beholder's beliefs then the Constitution no longer matters.

    This is a perfect example of it.

  18. Re:The Brits had sense enough to run the Puritans by ATMD · · Score: 1

    Even more unfortunately, some of them came back.

    --
    Nobody else has this sig.
  19. crackdown on BD/SM websites since 2005 by Anonymous Coward · · Score: 3, Informative

    The crackdown on BD/SM websites started in late 2005. It's the same reason that Insex stopped producing clips. See also the following articles:
    BD/SM Internet Sites Under Attack
    Tortured Logic

  20. Re:Privacy? Huh? by Lifyre · · Score: 2, Insightful

    Not so much dead as just highly crippled by the past 8 years of having religious zealots in control.

    --
    I'll meet you at the intersection of "Should be" and "Reality"
  21. And yet this is what gets censored. by egandalf · · Score: 5, Insightful

    It seems odd to me that pictures of naked people is censored, but, if I wanted, I could post videos of "zombies" killing mowing each other down with chainsaws with no public outcry whatsoever.

    Carlin had it right: I'd rather my kids saw images of two people making love than of two people killing each other.

    --
    Those who have telepathy have no need to RTFA.
    1. Re:And yet this is what gets censored. by divisionbyzero · · Score: 1

      It'd be interesting if someone actual brought a case of obscenity for violence. I wonder what would happen?

    2. Re:And yet this is what gets censored. by meyekul · · Score: 1

      Making love? You don't watch much porn, do you?

    3. Re:And yet this is what gets censored. by OakDragon · · Score: 2, Insightful

      I have to agree with you. Most responses here seem to gloss over the actual content being discussed as "omg naked people!"

      While I would defend the obscenity of this pornography on first amendment grounds, I would not want to defend it too aggressively while more worthy candidates might exist.

    4. Re:And yet this is what gets censored. by JumperCable · · Score: 1

      Sshh... don't let on about the zombie flicks. Far better than porn.

    5. Re:And yet this is what gets censored. by Anonymous Coward · · Score: 0

      Ew. I hope you don't use them in the same way.

    6. Re:And yet this is what gets censored. by Abcd1234 · · Score: 3, Insightful

      While I would defend the obscenity of this pornography on first amendment grounds, I would not want to defend it too aggressively while more worthy candidates might exist.

      Huh? So now something has to be "worthy" in order for you to defend it as protected speech? Please... if you don't protect the worst kinds of speech (so long as said speech doesn't infringe on the rights of others (eg, libel)), your first amendment isn't worth the paper it's printed on.

    7. Re:And yet this is what gets censored. by kamapuaa · · Score: 1

      That's not actually true. Sex and violence (among other things) are both restricted in the United States, with tiers of censorship. For instance, similarly to most other nations, the MPAA group gives ratings, where certain movies are not recommended for children, only allow children in with an adult, or just don't allow children. The ratings do in fact take violence into account, and (for example) PG-13 movies or lower can't show bloodshed.

      Cartoonish violence and suggestive clothing are allowed on TV at any time, while graphic violence and explicit sex are not allowed on public broadcasts.

      And while I strongly disagree with this verdict, "making love" isn't what those videos were about.

      --
      Slashdot: providing anti-social weirdos a soapbox, since 1997.
    8. Re:And yet this is what gets censored. by jamstar7 · · Score: 3, Funny

      Carlin had it right: I'd rather my kids saw images of two people making love than of two people killing each other.

      Personally, if I wanted my kids to watch two people trying to kill each other, I woulda stayed married.

      --
      Understanding the scope of the problem is the first step on the path to true panic.
    9. Re:And yet this is what gets censored. by false1 · · Score: 2, Insightful

      I understand your point and have said similar things myself. We're not talking about "two people making love" though, we're talking about men slapping, gagging, raping and whipping women gang style. I'm willing to bet George Carlin wouldn't approve of that for his kids. Would you approve of that for yours?

    10. Re:And yet this is what gets censored. by egandalf · · Score: 1

      *nod Point taken.

      --
      Those who have telepathy have no need to RTFA.
    11. Re:And yet this is what gets censored. by Anonymous Coward · · Score: 0

      clearly the Supreme Court doesn't agree with you. You're saying if I don't defend extremists then I have no value of law?

    12. Re:And yet this is what gets censored. by Abcd1234 · · Score: 1

      clearly the Supreme Court doesn't agree with you.

      Uhh, you are aware this was a case that was tried in a US District court, and not the Supreme Court, right?

      You're saying if I don't defend extremists then I have no value of law?

      That's exactly what I'm saying. Either the first amendment grants you the right to free speech, or it doesn't. End of story. Like it or not, that applies to neo-nazis and their right to distribute anti-semitic propaganda (so long as they aren't deliberately inciting violence, which violates other's right to personal safety), just as it applies to you and your right to speak out against your government.

    13. Re:And yet this is what gets censored. by harlows_monkeys · · Score: 1

      Carlin had it right: I'd rather my kids saw images of two people making love than of two people killing each other.

      It seems unlikely, though, that he would have wanted his kids to see these particular porn movies--I doubt he considered drinking vomit to be making love. The films were sufficiently distasteful that they had trouble getting help with the defense from the rest of the porn industry.

    14. Re:And yet this is what gets censored. by Artifakt · · Score: 1

      There's some truth in that, but probably not as much as you think. This case also involved a really stupid legal argument on the part of the defense over constitutional rights, one with no real purpose except to muddy the waters. The accused also had indicated by public statements well before the trial that they would welcome being charged as the case would give them free publicity, and that they were more interested in making money off of any trial than the issues involved. Suppose some organization such as the ACLU got involved. Are they defending a legitimate first amendment right to free speech, or the illegitimate argument equating individual rights to privacy with a right to produce anything you want for those individuals?
            You know, there have been all sorts of cases where a constitutional issue may have existed, but the accused also committed perjury, had a history as a pathological liar, or was charged with very serious other things where the constitutional issues weren't involved. Maybe some of them should have been fought to the supreme court to protect free speech, but a lot of them simply wouldn't have resulted in a free speech victory. The very persons you would defend wouldn't help you make the argument. I know Larry Flynt said he was the worst of them all, but he went into court caring about the rights issues and willing to work with the people who also cared.

      --
      Who is John Cabal?
    15. Re:And yet this is what gets censored. by Anonymous Coward · · Score: 0

      Personally, if I wanted my kids to watch two people trying to kill each other, I woulda stayed married.

      However, you chose that they have a chance to walk in on two people making love, and realized that was not going to happen if you remained married?

    16. Re:And yet this is what gets censored. by ultranova · · Score: 1

      While I would defend the obscenity of this pornography on first amendment grounds, I would not want to defend it too aggressively while more worthy candidates might exist.

      There's this fascinating concept called "the rule of law" which basically means that "worth" doesn't enter it at all. It's a pity that United States doesn't have it nowadays - if it ever did - thanks to courts deciding that they can ignore the supreme law of the country when they feel like it. That is truly obscene.

      And you have it wrong on another way too: what's at stake here is not pornography. That's just a red herring. What's at stake is freedom of speech, and possibly all civil liberties. Once the idea that they can be ignored if the judge feels like it takes root, they no longer exist - after all, you've always been allowed to say whatever those in power want you to say, everywhere.

      So no, there are no more worthy causes; this is an all-out attempt at breakthrough against the weakest point in the lines of freedom. Do nothing, and it will fall, and the rest will follow. And meanwhile the propaganda machine tries to convince you to do nothing, because it's only pornographers. Divide and conquer is thousands of years old, yet people still keep falling for it.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    17. Re:And yet this is what gets censored. by TheRaven64 · · Score: 1
      --
      I am TheRaven on Soylent News
    18. Re:And yet this is what gets censored. by commodoresloat · · Score: 1

      As the previous poster said, clearly the US Supreme Court does not agree with you. Not in this case - it's not going to the Supreme Court - but in a host of cases since they first considered the question, they have held over and over again that "obscenity" is not protected speech. The question of how obscenity is defined is a bit of a moving target, but the fact is that the Supreme Court has never suggested obscenity would be protected speech, and there's currently nobody on the court who has given any indication they would vote otherwise. So yes, according to the Supreme Court, there is speech that is not "worthy" of first amendment protection.

    19. Re:And yet this is what gets censored. by Anonymous Coward · · Score: 0

      The reason it's okay to show people killing each other but not fucking each other is simply that killing each other is wrong, period. Having sex isn't wrong, it's not bad, in fact, it's a good thing-but not always, or at all ages, or with certain people. It's easier to explain to a young kid that you can't blow people's heads off with a shot gun than it is to explain why they can't have sex.

      Don't get me wrong--I'm all out against censorship. I'm just explaining.

    20. Re:And yet this is what gets censored. by Anonymous Coward · · Score: 0

      While I would defend the obscenity of this pornography on first amendment grounds, I would not want to defend it too aggressively while more worthy candidates might exist.

      Huh? So now something has to be "worthy" in order for you to defend it as protected speech? Please... if you don't protect the worst kinds of speech (so long as said speech doesn't infringe on the rights of others (eg, libel)), your first amendment isn't worth the paper it's printed on.

      He didn't say it had to be worthy to be defended. On the contrary, he said he would defend it, just that he would focus his free-speech-defending efforts in other cases more than he would here. I find it unsettling that as a free speech advocate, you shut him down for being more passionate about some speech than others. Part of the core of freedom of speech is the freedom to like some things more than others and to be free from persecution as a result of one's tastes. It is unfortunate that so many free-speech-junkies are so stuck on the absolute idealization of their position that they end up damaging their own cause by turning away so many potential supporters who have reasonable hesitations. Maybe next time you could try praising such a post for indicating willingness to defend this "speech" at all instead of shutting him out of your self-righteous circle.

    21. Re:And yet this is what gets censored. by Anonymous Coward · · Score: 0

      It seems odd to me that pictures of naked people is censored, but, if I wanted, I could post videos of "zombies" killing mowing each other down with chainsaws with no public outcry whatsoever.

      Carlin had it right: I'd rather my kids saw images of two people making love than of two people killing each other.

      First of all, there's hardly a lack of public outcry about violence in the media.

      Secondly, the reality is that images of people making love are much more likely to induce emulatory behavior than images of violence. I know the right-wing republicans want you to think that viewing violent depictions make people violent, but the research just doesn't support it. But I know way too many examples of people deliberately copying porn (in a legal, consensual way) that I think it's reasonable to be concerned that it affects viewers behavior rather significantly. My guess is that the reason one alters behavior more than the other is that it's socially more acceptable to engage in consensual sex than it is to mow down people with chainsaws. Of course, if your kids engaging in consensual sex doesn't bother you...

    22. Re:And yet this is what gets censored. by KingAlanI · · Score: 1

      I think this guy *does* sort of have a point - while, ideally, content such as this likely is worth defending on free-speech grounds, it may not be the best idea tactically due to limited resources or something.

      It's the pragmatists versus the "fuck it, it's the right thing to do" idealists.

      --
      I listen to both RIAA and non-RIAA stuff if I like the music, tangential business/politics nonwithstanding.
    23. Re:And yet this is what gets censored. by tinkerghost · · Score: 2, Funny

      It seems odd to me that pictures of naked people is censored, but, if I wanted, I could post videos of "zombies" killing mowing each other down with chainsaws with no public outcry whatsoever.

      Hmm, zombie slasher porn. I'm sure there's a market for that somewhere ....

    24. Re:And yet this is what gets censored. by Anonymous Coward · · Score: 0

      Do some research.

      I don't think community standards would say women drinking vomit along with other bodily fluids in porn is "two people making love." That was the description of one of the films according to Wikipedia. In fact, I think the IE 8 ad featuring Dean Cain and puke is also obscene and want it off Hulu.

    25. Re:And yet this is what gets censored. by thePowerOfGrayskull · · Score: 1

      The ruling is bullshit, but your post reads like you jumped to conclusion from reading the headline, nevermind the summary or TFA. This movie bears as much relationship to "naked people" "making love" as chicken mcnuggets do to chicken.

  22. Re:Privacy? Huh? by tygerstripes · · Score: 4, Insightful
    Precisely. Bill Hicks would have had a bloody field-day with this.

    Here is my final point. About drugs, about alcohol, about pornography and smoking and everything else. What business is it of yours what I do, read, buy, see, say, think, who I fuck, what I take into my body - as long as I do not harm another human being on this planet?

    --
    Meta will eat itself
  23. Re:Privacy? Huh? by xZgf6xHx2uhoAj9D · · Score: 5, Insightful

    the porno videos involved in this case was about a teenage girl being raped by an older man

    Thanks for the extra info, though I still have to say it's a stupid law. I can't help but think that if the teenage girl had been graphically murdered they'd be nominated for Oscars rather than put in prison :\

  24. This is why they were prosecuted by Angeliqe · · Score: 0, Informative

    From http://en.wikipedia.org/wiki/United_States_v._Extreme_Associates
    * Extreme Teen 24[1]: contains a scene of a naive supposed young girl being talked into having sex by an older man. The actress involved was over 18, however dressed and acted like a young girl.[3]
    * Cocktails 2[1]: various scenes of women drinking vomit, saliva and other bodily fluids.[15] It was the director's cut version of the film that was cited in the case.[1]
    * Ass Clowns 3: a female journalist is being raped by a gang led by Osama bin Laden; the journalist is freed and the gang members killed. The director's cut version also contains a scene where Jesus steps off the cross and has sex with an angel.
    * 1001 Ways to Eat My Jizz:
    * Forced Entry[16]: The film depicts the beating, rape and murder of women by a serial killer, who is eventually killed by a mob of vigilantes.[17] There are three scenes which graphically portray rape and murder, and women are also spat on.[3] Extreme's website called it their "most controversial movie" and "a stunningly disturbing look at a serial killer, satanic rituals, and the depths of human depravity."[18] Forced Entry was directed by Lizzy Borden and released in 2002. Again it was the director's cut version of the film that was cited in the case.[1]

    So, your traditional porn is still safe in the US. There is porn and then there is sick minded porn. This addresses the more violent side that porn can take.

    1. Re:This is why they were prosecuted by Anonymous Coward · · Score: 0

      Ass Clowns 3: a female journalist is being raped by a gang led by Osama bin Laden; the journalist is freed and the gang members killed. The director's cut version also contains a scene where Jesus steps off the cross and has sex with an angel.

      Damn, where can I get this?

    2. Re:This is why they were prosecuted by xous · · Score: 2, Insightful

      I see nothing wrong with this.

      As long as the actors are legal and the sex (and other acts) are consensual.

      Anyone know where I can get the one with Jesus fucking an Angel? That's hilarious.

    3. Re:This is why they were prosecuted by Angeliqe · · Score: 1

      It's a touchy subject. I can see how both sides could be argued. I was merely pointing out that it was not the nudity or sex acts themselves that was being prosecuted, but the violence and depravity that crossed the line (according to the courts). Even with all that, it was ruled different ways by 2 different courts.

    4. Re:This is why they were prosecuted by Anonymous Coward · · Score: 0

      More importantly, are these videos on ThePirateBay?

    5. Re:This is why they were prosecuted by The+Ultimate+Fartkno · · Score: 0, Redundant

      * Forced Entry[16]: The film depicts the beating, rape and murder of women by a serial killer, who is eventually killed by a mob of vigilantes.

      "Forced Entry?" I thought that it was called "Last House on the Left?"

      Oh, no, wait. You don't actually see a penis in that one, just the graphic rape and murder and torture. I certainly don't have a problem with that.

      Goooooood bless America...

    6. Re:This is why they were prosecuted by ditoa · · Score: 4, Insightful

      I saw some movies worse than that! This dude keeps kidnapping people and hooking them up to machines that they can't escape from. The only way to survive is to admit something about yourself and sacrifice part of yourself or do some kind of other horrible act like cut the key out of somebody elses stomach. The worst one for me was a reverse bear trap on somebodies head which ripped their head in half when the timer went off. Needless to say I don't think anybody actually ever survived any of it.

      Oh yeah these movies were called Saw. And I saw it in the cinema. The realism and gore was extreme. If these people were put away for making similar movies and selling them on the net then how can Amazon and Play.com sell the Saw movies? Surely every horror movie should be illegal and the directors and distributors arrested?

    7. Re:This is why they were prosecuted by Tiger+Smile · · Score: 2, Insightful

      "* Forced Entry[16]: The film depicts the beating, rape and murder of women by a serial killer, who is eventually killed by a mob of vigilantes.[17] There are three scenes which graphically portray rape and murder, and women are also spat on.[3] Extreme's website called it their "most controversial movie" and "a stunningly disturbing look at a serial killer, satanic rituals, and the depths of human depravity."[18] Forced Entry was directed by Lizzy Borden and released in 2002. Again it was the director's cut version of the film that was cited in the case.[1]"

      And, yet, the murder was okay. Everything was okay. If these movies contained no visible sex. It's nothing but the inclusion of sex on camera that causes a problem. Had the sex been off-camera, then we'd be happy with the film content? Wow. America is a sickly weird place. It's okay to cut off a womans head, but don't rape her first? Rape is horrible, and their are many many people who are living with that experience in their past. It's an unimaginable horror. How can it be okay to depict rape one way, but not another. Additionally how is it okay to show a woman's murder, but rape though vile and horrible, is survivable and it's not okay.

      In the end we are talking about a film, a fake, nothing more. The real thing is the horror, murder and rape, but not the fake version. We're punishing people here because they made a film which simulates the crimes the federal justice department ignores to go after film makers?

      --
      -- Prepared at the direction of, or to be sent to Legal Counsel, in anticipation of litigation. Attorney Client Pri
    8. Re:This is why they were prosecuted by unlametheweak · · Score: 2, Insightful

      I was merely pointing out that it was not the nudity or sex acts themselves that was being prosecuted, but the violence and depravity that crossed the line (according to the courts).

      So water-boarding is legal and fictional depictions of (deviant) sex are illegal. The world is upside down.

    9. Re:This is why they were prosecuted by cenc · · Score: 2, Insightful

      It was the including Jesus in the porn that made the conservative right-wing at the DOJ go ape shit. Had they just stuck to bin Laden, they likly would have been nominated for an Oscar by the attorney general.

    10. Re:This is why they were prosecuted by unlametheweak · · Score: 1

      You said, "More importantly, are these videos on ThePirateBay?".

      From the article:

      They forfeited the domain name, Extremeassociates.com, as part of their plea agreement, in U.S. District Court for the Western District of Pennsylvania. The company is now defunct.

      Hopely that means that the movies are now in the public domain. I'll be looking for them on the Internet Archive.

    11. Re:This is why they were prosecuted by RingDev · · Score: 1

      So, your traditional porn is still safe in the US. There is porn and then there is sick minded porn.

      Thank you for identifying what I should be identifying as morally objectable. Are there any other subjects that you believe I should find morally objectable? And what is the penalty if I do something that you believe I should find morally objectable?

      -Rick

      --
      "Most people in the U.S. wouldn't know they live in a tyrannical state if it walked up and grabbed their junk." - MyFirs
    12. Re:This is why they were prosecuted by XnavxeMiyyep · · Score: 1

      So, your traditional porn is still safe in the US. There is porn and then there is sick minded porn. This addresses the more violent side that porn can take.

      Just beacuse I don't enjoy something doesn't mean others don't have the right to.

      The least popular speech is the speech that needs the most protection. No one's rights here were infringed until the porn producers were sent to prison, and the only offenders are agents of the government.

      --
      I put the 't' in electrical engineering.
    13. Re:This is why they were prosecuted by Anonymous Coward · · Score: 0

      According to the Miller Test, it passes because it does not depict sex or disposal of waste in an offensive manner, its not intended for sexual arousal, and it has a serious plot.

    14. Re:This is why they were prosecuted by Anonymous Coward · · Score: 0

      I get worried that "Saw 5" is considered to be a "first date" movie by various people (huh?!)

    15. Re:This is why they were prosecuted by ffflala · · Score: 1

      While I don't agree with it in many respects, I don't think that the public policy justification is that difficult to understand, and thus more effectively discuss. This as crime reflects the belief that (1) this material can and will condition people to being erotically stimulated by sexual violence, and (2) doing so would decrease public safety, apparently by increasing violent crime.

      Obscenity laws, right or wrong, are intended to address the vague border where speech turns into actions that damage others. By analogue, if someone claims that it their religious belief compels them to kill strangers on the street, it seems reasonable to confine them for public safety reasons, regardless of their right to religious freedom. As for free speech, people who support these laws have found some difference between a movie plot, part of which depicts a person successfully inciting a group to violently attack someone, and actually inciting violence in public (itself an extreme example of free speech).

      The underlying aesthetic points to a puritan religious sensibility that treats sexuality as something utterly lacking of value, if not downright sinful. Thus, if something is intended primarily as wank material, it has little redeeming social or artistic value. I suspect that this influence is one reason why publicly-distributed pornography ~20 years older or more seems often to have more in the way of a plot line; many of the 1970s films are essentially bad movies with lots of gratuitious, extended, often looped sex scenes. The idea was that even some minimal plot would turn porn from pure wank material of zero value or worse to at least some story, however poorly told, of which a good part was wank material.

    16. Re:This is why they were prosecuted by rrohbeck · · Score: 1

      But this wasn't obscene, as in "I know it when I see it"! Now if there'd been some boobies in it...

      First amendment: You have the right to free speech, unless I (or rather somebody with extreme moral views in a position of power) see it differently.

    17. Re:This is why they were prosecuted by tinkerghost · · Score: 1

      Oh yeah these movies were called Saw. And I saw it in the cinema. The realism and gore was extreme. If these people were put away for making similar movies and selling them on the net then how can Amazon and Play.com sell the Saw movies? Surely every horror movie should be illegal and the directors and distributors arrested?

      Because the Miller test is only about sexual content. There is no similar standard for violence. So, according to the law, speech can be restricted when it deals with sex (obscenity) or hate, but no amount of graphic violence can render a movie or book unprotected.

    18. Re:This is why they were prosecuted by Anonymous Coward · · Score: 0

      While I don't agree with it in many respects, I don't think that the public policy justification is that difficult to understand, and thus more effectively discuss.

      We understand it, but we also disagree with it.

      This as crime reflects the belief that (1) this material can and will condition people to being erotically stimulated by sexual violence, and (2) doing so would decrease public safety, apparently by increasing violent crime.

      By the same reasoning, the Saw movies condition people to think that torturing people is cool as long as you do it creatively and teach the victim a life lesson in the process.

      Obscenity laws, right or wrong, are intended to address the vague border where speech turns into actions that damage others. By analogue, if someone claims that it their religious belief compels them to kill strangers on the street, it seems reasonable to confine them for public safety reasons, regardless of their right to religious freedom.

      I think pretty much everyone, at some point, has expressed the desire to hurt or kill someone, or for misfortune to otherwise befall someone. There are dozens of cliche phrases built around it. "I wanted to kill that guy!" "Whoever did that should be taken out and shot!" "Hangin's too good for him!" "I ought to wring your little neck!" "I ought to slap you silly!" Etc.

      The underlying aesthetic points to a puritan religious sensibility that treats sexuality as something utterly lacking of value, if not downright sinful. Thus, if something is intended primarily as wank material, it has little redeeming social or artistic value. I suspect that this influence is one reason why publicly-distributed pornography ~20 years older or more seems often to have more in the way of a plot line; many of the 1970s films are essentially bad movies with lots of gratuitious, extended, often looped sex scenes. The idea was that even some minimal plot would turn porn from pure wank material of zero value or worse to at least some story, however poorly told, of which a good part was wank material.

      The Puritans were generally fine with sex as long as it took place in private, between a man and woman who were married to each other. They viewed it as a gift from God. So, yes, they would consider wank material sinful and without worth, not because they viewed all sex that way, but because pornography depicts and encourages sexual activities outside of marriage. Plot would be irrelevant.

    19. Re:This is why they were prosecuted by Anonymous Coward · · Score: 0

      Maybe you're right. Maybe the laws need to be expanded to include just such types of pointless gore-pornos.

  25. Re:Privacy? Huh? by Anonymous Coward · · Score: 0

    Wow.. just Wow. What the fuck has happened to the US? What happened to free speech?

    A lot of the rest of the world have been looking on in horror and asking these very questions for a while now...

  26. One down, few more hundred millions to go ... by meist3r · · Score: 1

    Distributing porn over the internet ... what where they thinking.

  27. Re:Privacy? Huh? by Andr+T. · · Score: 1

    Yeah, TFA didn't tell this. Let's get it straight:

    Porn = ok

    Violence and killing and murdering and torturing and... = ok

    Porn + Violence = omg omg not ok.

    --

    Any life is made up of a single moment, the moment in which a man finds out, once and for all, who he is.

  28. This sort of attitude really bugs me... by NoNeeeed · · Score: 4, Insightful

    U.S. Attorney Mary Beth Buchanan, of the Western District of Pennsylvania, said in a statement. "These prison sentences affirm the need to continue to protect the public from obscene, lewd, lascivious or filthy material, the production of which degrades all of us."

    In what way is this protecting people? Presumably they were only supplying this stuff to people who paid for it, not projecting it onto the side of schools or posting it to small children.

    I don't understand this attitude of protecting people from things they want to do, and I don't see why the state should intervene (assuming all the parties involved consented).

    It seems to be the same logic as used by opponents of gay marriage, who claim that it will somehow destroy the institution of marriage. How will someone else getting married to someone of the same sex, in any way change yours or anyone else's marriage? In the same way, how does the production of this material (again, assuming consent on all sides) "degrade us all"? It doesn't degrade me, I had nothing to do with it, don't watch it, and am unaffected by it. This whole idea of "someone's doing something I don't like, therefore I can object and stop it" is just narrow minded control-freakery.

    1. Re:This sort of attitude really bugs me... by TheP4st · · Score: 2, Interesting

      How will someone else getting married to someone of the same sex, in any way change yours or anyone else's marriage?

      Because once gay people can marry, it's only a matter of time before those into bestiality are going to demand the right to marry the animal of their choice which of course will be allowed as same sex marriage is allowed. Then the next thing that will happen is obviously that people by the millions will divorce their god God fearing, 100% and then some heterosexual spouses and marry their sheep, chihaua's, tortioses, hedgehogs etc.

      See, it is just a matter of applying fundemental(ist) logic and instantly you'll see why same sex marrige will change other people's marriages.

      --
      "I have downloaded hundreds and hundreds of records, why would I care if somebody downloads ours?" Robin Pecknold
    2. Re:This sort of attitude really bugs me... by Effexor · · Score: 1

      Ah, but it will also lead to polygamy, so those people won't have to divorce their heterosexual spouses. They can just bring the sheep and hedgehogs into the existing marriage.

      --

      As the air to a bird or the sea to a fish, so is contempt to the contemptible -W.B.

    3. Re:This sort of attitude really bugs me... by Anonymous Coward · · Score: 0

      May be it's a different group of people being protected here than what you think. There are great porn sites where the people involved provide titillation because they love doing it. "I feel myself" (NSFW) comes to mind. These are ladies who setup cameras at home, and appear to genuinely enjoy recording themselves getting off on pillows and rubber duckies. It's the meat and potatoes of sex though - nothing kinky or extreme there. However they definitely fail part of the Miller test - there is definitely no plot.

      However when you make the type of violent porn mentioned here; things can get very gray very fast. May be simulating rape gets a little too costly, and film makers start trying to find cheaper ways to get the effect you want. May be we don't let the actress know exactly whats coming (excuse the unintentional pun there - I'm not trying to be funny).

      If you build a demand, you are also building a market to feed it; and somewhere along the line, actors and actresses are going to start putting themselves in danger for the cash. It's fairly easy to simulate a guy's arm getting sliced off; and people do it in their back yards through Halloween. It's much more difficult to simulate an anus getting extended with six inch calipers.

      Unfortunately, once you've gone a little off the beaten path, I don't think you can get the same sort of sympathy when things go wrong. A stunt man who breaks a collar bone gets workers comp. If you get permanent physical (or psychological) damage making violent porn, who is going to protect you?

      Now that a precedent has been set, I don't know how prosecutors are going to use it; and whether they will go after others like Larry Flynt again; but I can't say I don't agree with the need to stop certain kinds of porn - even if it sets up a gray area which means that eventually the net gets cast a lot wider. I think its great that shooting a video with girls younger than 18 gets you sent to jail for a very long team (even if the girl lied about her age). I also think that given the kind of porn they are talking about here - I agree with the ruling.

    4. Re:This sort of attitude really bugs me... by Anonymous Coward · · Score: 0

      If you honestly think changing the definition and meaning of centuries old instituion won't have severe reprocussions, let alone think it's the same as filiming pure smut, then you have more issues and shit to think about. You aren't going to find your answers on /., you need to think about your life more than just the few moments you did in your puberty. Please, grow up and think through actions and not just the immediate benefit gained by you.

      Changing the definition of marriage essentially allows anyone to add to the definition. You want gay marriage? Fuck, I want polygamist marriage. You want gay marriage, well shit, I want to marry my dog. You want gay marriage--I want to marry myself. Can you accomodate those requests as well? No? Well then, your gay marriage proposal is not fair, and you are descriminating, sir.

    5. Re:This sort of attitude really bugs me... by Anonymous Coward · · Score: 0

      The actress should get workers-comp too.   and would if the enterprise was a legitimate business.

      I disagree completely with the ruling.   I personally find religion obscene, but what are my chances of getting all of the christians, jews, moslems, etc.  jailed?  Probably less than zero.

      Also, you think that every teenager with a camera-phone should be sent to prison?

      Why?  I was filming myself nude/watersports/scat/bdsm when I was 13.  It was a blast, and as far as I can tell, it didn't scar me for life.   And I really wish that I had kept copies of them.

      I could care less, personally, what you do, where you do it or with whom.   If you want to sell copies and actually pay for that video camera, or maybe buy a yacht, then More Power To You.  If you HAVE to sell copies because you'd really like to keep eating, then perhaps you'll learn a lesson or two.
      But probably not.

    6. Re:This sort of attitude really bugs me... by Anonymous Coward · · Score: 0

      Obviously gays shouldn't be allowed to do anything that normal people can. Unfortunately, they already can do most of those things, but I'll be damned if we let them go one inch further!

    7. Re:This sort of attitude really bugs me... by Jesus_666 · · Score: 1

      The GP also forgot that legalizing gay marriage will obviously instantly make everyone gay.

      --
      USE HOT GRITS WITH STATUE OF NATALIE PORTMAN (NAKED AND PETRIFIED)
  29. Re:Privacy? Huh? by rsmith-mac · · Score: 4, Informative

    The key factor appears to be the content of the pornography. The feds may have given up on prosecuting the tamest stuff, but they have not given up on prosecuting the most hardcore material. The Extreme Associates Wikipedia article gives you an idea of what they're being prosecuted for:

    • Extreme Teen 24[1]: contains a scene of a naive supposed young girl being talked into having sex by an older man. The actress involved was over 18, however dressed and acted like a young girl.[8]
    • Cocktails 2[1]: various scenes of women drinking vomit, saliva and other bodily fluids.[17] It was the director's cut version of the film that was cited in the case.[1]
    • Ass Clowns 3: a female journalist is being raped by a gang led by Osama bin Laden; the journalist is freed and the gang members killed. The director's cut version also contains a scene where Jesus steps off the cross and has sex with an angel.
    • 1001 Ways to Eat My Jizz:
    • Forced Entry[15]: The film depicts the beating, rape and murder of women by a serial killer, who is eventually killed by a mob of vigilantes.[15] There are three scenes which graphically portray rape and murder, and women are also spat on.[8] Extreme's website called it their "most controversial movie" and "a stunningly disturbing look at a serial killer, satanic rituals, and the depths of human depravity."[15] Forced Entry was directed by Lizzy Borden and released in 2002. Again it was the director's cut version of the film that was cited in the case.[1]

    .

    Similarly, Max Hardcore was put in the slammer early this year for similar material:

    Hardcore's films generally consist of rough sex with women who act like underage girls.[3] For example in Hollywood Hardcore 13 he says to Cloey Adams, "If you're a good girl, I'll take you to McDonald's later and get you a Happy Meal."[3] He then urinates in her mouth, and Adams asks, "What do you think of your little princess now Daddy?"[3] In several of his films Max stretches the actress's anus or vagina with a speculum, then urinates into it, after which the actress sucks the urine out through a hose.[3] Although the actresses in Little's movies appear to dress and act in a way as to suggest that they are a young, possibly under the age of consent, but all of the actresses used were over the legal age of 18. In his film Max Extreme 4, an actress stated during one verbal exchange that she was 12 years-old[4].

    The short and long of the matter is that vague obscenity laws are still on the books, and technically all porn is still illegal because someone somewhere is going to find it obscene. The Feds know they can't win however, so they are choosing to prosecute whomever makes the stuff that offends them the most. Nothing has really been worked out since the 70s, the Feds just can't keep prosecuting everyone like they used to.

  30. Thanks for protecting the public... by jaypifer · · Score: 5, Insightful

    The American Taliban strikes again.

    --
    Never go to sea with two chronometers; take one or three.
    1. Re:Thanks for protecting the public... by misexistentialist · · Score: 1

      Ass Clowns 3: a female journalist is being raped by a gang led by Osama bin Laden; the journalist is freed and the gang members killed.

      Such Jewish propaganda must be stopped!

  31. Re:Privacy? Huh? by mdwh2 · · Score: 2, Informative

    It's depressing on both sides of the Atlantic ... in the US, you go to prison for publishing it, in the UK, you now go to prison for privately possessing it.

    (I wonder if this case follows on from the precedent set by the Max Hardcore cases? I remember there being worry that this would open the floodgates, now that people can be prosecuted for material made with consenting adult actors.)

  32. I don't know about that by Chrisq · · Score: 3, Funny

    "Extreme Associates produced and distributed sexually degrading material that portrayed women in the most vile and depraved manner imaginable,"

    I don't know about that. I've got a pretty good imagination.

    1. Re:I don't know about that by houghi · · Score: 1

      With "Two girls, one cup" everybody can imagine things. Unfortunately what has been seen can not be unseen.

      --
      Don't fight for your country, if your country does not fight for you.
    2. Re:I don't know about that by Monolith1 · · Score: 1

      With "Two girls, one cup" everybody can imagine things. Unfortunately what has been seen can not be unseen.

      thanks very much, I had almost managed to erase that god awful image out of my mind!

    3. Re:I don't know about that by Dun+Malg · · Score: 2, Informative

      With "Two girls, one cup" everybody can imagine things. Unfortunately what has been seen can not be unseen.

      thanks very much, I had almost managed to erase that god awful image out of my mind!

      No, you are deluding yourself. That image is permanent. It hides, out of sight, biding its time until conditions are right, and will rear its ugly head unbidden periodically for the rest of your life. You will never truly forget it. This is the true horror of "what is seen cannot be unseen".

      --
      If a job's not worth doing, it's not worth doing right.
    4. Re:I don't know about that by Anonymous Coward · · Score: 0

      I've been careful... only been Rick-Rolled once, never saw goatse.cx, never saw tubgirl, never saw TGOC. Information security starts at home.

  33. Re:Privacy? Huh? by mdwh2 · · Score: 2, Insightful

    Who decides what's "normal"? And why should only being an interest of a minority of people make it acceptable to criminalise them? This is the same argument people make of gay material.

    If anything, targetting a minority should be seen as worse, not better. I appreciate you don't approve of the ruling, but the sentiment is still worrying - imagine gay material being banned, and someone saying "But it's not like we're talking about anything normal here"?

  34. Re:Privacy? Huh? by QuantumG · · Score: 1

    Hopefully this case will go to the supreme court and this shit will get worked out.

    --
    How we know is more important than what we know.
  35. Torture porn by professorguy · · Score: 4, Insightful

    If the teenage girl had been graphically murdered they'd be nominated for Oscars rather than put in prison.

    And if she had been portrayed as being chained in a dungeon and having various body parts sliced off in slow motion, it'd be pretty much every third dvd now playing at Blockbuster.

    So the lesson: Sex porn is illegal but torture porn is perfectly OK. Nice job assholes.

    1. Re:Torture porn by Spaham · · Score: 1

      remember that torture had been legalized by your former administration,
      the same people the majority of americans voted for TWICE !

    2. Re:Torture porn by tinkerghost · · Score: 1

      the same people the majority of americans voted for TWICE !

      Um, actually he lost the popular vote both times & won on the Electoral College vote.

    3. Re:Torture porn by Anonymous Coward · · Score: 0

      Actually he didn't win the Electoral College, it was awarded by the Court.

    4. Re:Torture porn by Anonymous Coward · · Score: 0

      Enjoying your alternate reality?

    5. Re:Torture porn by niko9 · · Score: 1

      Hundreds of comments and no one has brought up the specifics of the porn they were making and convicted of.

      Lizzie Borden and her husband caught the attention of the feds because of a documentary called American Porn, being filmed by PBS Frontline. Borden directs the movies, and for this particular film (a rape movie) Borden had hired her friend as the rape victim. Borden never told her friend exactly what was going to happen to her and Frontline didn't know either.
      After the actress is thrown into the back of the van she was taken to a deserted building where 2 male "actors" proceed to actually beat the actress with fists while having sex with her. That's when the Frontline producer ordered his crew to stop filming and leave the premises. The film ends with the actors fakingly slitting the actress's throat and leaving her in a pool of blood.

      I'm not giving my opinion as to whether this constitutes "obscene" speech, but these are the facts.

      Now, I know a lot of folks will say that we see "depictions" like this on TV, but is that the same as someone actually being pummeled by fists? Discus...

  36. Re:Privacy? Huh? by e9th · · Score: 2, Insightful

    The feds' investigation into net porn began the year after a PBS Frontline documentary on the subject. Now if only we could wrest control of PBS from religious zealots...

  37. what's the difference? by Anonymous Coward · · Score: 0

    what's the difference between these films and simulated rape scenes in hollywood movies?

    Both are artistic expression.

    Why wouldn't they prosecute the filmmakers of "American Psycho" ?

    Because some female U.S. Attorney got a bug up her cunt!

    1. Re:what's the difference? by jamstar7 · · Score: 1

      what's the difference between these films and simulated rape scenes in hollywood movies?

      Bigger production and publicity budgets.

      Why wouldn't they prosecute the filmmakers of "American Psycho" ?

      Bigger campaign contributions.

      It's all about the money. That's all it ever was.

      --
      Understanding the scope of the problem is the first step on the path to true panic.
  38. Re:Privacy? Huh? by hesaigo999ca · · Score: 3, Insightful

    I have to agree, someone sitting over top of a female squatting and taking a dump, seems to violate some kind of law, but when a guy does it to another guy, no problem. Pooper films as I call them have been around for so many years, they are just NOW figuring out they exist?

    Snuff films, rape, etc...you have all types, but they have been around for sooo many years, are they saying we can't publish them on youtube or are they saying the contents of the film are illegal, this is what I would like
    better explained, as well, being so cryptic about what is going on in the movie, does not help the average joe follow any sort of precedent, if you need to tell us taking a dump on someone and filming it is criminal, then say it, stop indirectly saying some sort stuff happened, which should not have happened, but we think it was bad enough to prosecute.....sounds like that bit from Team America for christ's sake....or are we not allowed to swear anymore as well?

  39. Re:Privacy? Huh? by unlametheweak · · Score: 2, Interesting

    When I read the summary I thought that the American couple was arrested while on vacation or on a business trip in a country like Iran or North Korea. Americans (et al) are trying to do their best to be like the countries that they demonize the most.

  40. Back off People we've solved the worlds issues. by Tiger+Smile · · Score: 1

    This case, no matter how vile the porn clips were, was not at all important. In today's cash strapped times where states cannot even afford to pay their police, we've got time for "protecting" people from the stuff they ordered in the mail to watch on their VCR. Amazing. I think these people are sick if they made a movie simulating rape. The people who watch it that is. But the people involved in this "investigation", which no doubt involved purchasing and watching the material over and over again, are part of a larger disease. Can we afford the morality police? Have we put away all the real rapists, pedophiles, killers, and Wall Street cheaters? We've found every missing child? We've fed the hungry? We fixed the federal budget and debt? Now you and I have to pay these idiot investigators, and pay for the 1 year and 1 day of the prison term. We're being punished for this "crime". So if you are proud of this victory make sure you remember it when you pay your taxes and notice what's missing from your paycheck. These people who stole from the federal budget to enjoy their porn and imprison the distributors should be put to work doing something useful. They should pay us back by looking for missing children for the next 1 year and 1 day.

    There are three branches of government, which are controlled by a single more important branch of government, The People. We the people in the constitution are the only thing that gives permission to the branches of the federal government to have any power at all. A single overriding branch of government. So, why did you allow your federal government to be so stupid. After all it's only a reflection of your wishes. You need to fix this. We need to fix this. Well, then, back to work.

    --
    -- Prepared at the direction of, or to be sent to Legal Counsel, in anticipation of litigation. Attorney Client Pri
    1. Re:Back off People we've solved the worlds issues. by CompassIIDX · · Score: 2

      Agreed. Now tell me how I'm supposed to fix it when the fat retarded hypocrite reactionists who fully support these kinds of rulings outnumber me 100 to 1. They are The People. At least in the US.

    2. Re:Back off People we've solved the worlds issues. by tjonnyc999 · · Score: 1

      MOD PARENT UP!

    3. Re:Back off People we've solved the worlds issues. by reiisi · · Score: 1

      If you want to fix it, you're going to have to sacrifice to do so.

      That's the way it has always been, don't expect things to be easier now than back in 1776.

      Just make sure it's something really worth sacrificing for, and try to make the sacrifice meaningful.

      I'm not sure this level of pornography is worth sacrificing for.

      --
      Computer memory is just fancy paper, CPUs just fancy pens with fancy erasers; the 'net is just a fancy backyard fence.
  41. Hmm.. by inamorty · · Score: 1

    What are the implications for rule 34?

    1. Re:Hmm.. by FredFredrickson · · Score: 1

      Outlawed porn.. porn?

      "Ohhh baby, give me that DVD, I wanna lick it all over!!"

      --
      Belief? Hope? Preference?The Existential Vortex
  42. Anonymous Coward by Anonymous Coward · · Score: 0

    Did anyone else read that as internet obscurity?

  43. Re:Privacy? Huh? by TheRaven64 · · Score: 1

    I think you're missing the very important point. Would you wish your wife or servants to see it?

    --
    I am TheRaven on Soylent News
  44. Re:Privacy? Huh? by ciderVisor · · Score: 3, Insightful

    I saw the documentary "Deep Throat" some time ago.

    "Deep Throat" is regarded as a documentary, now ? Shit, Linda Lovelace is now my favourite research scientist !

    --
    Squirrel!
  45. Re:Privacy? Huh? by Anonymous Coward · · Score: 5, Insightful

    Im not very familiar with the laws, but as a US resident I can say:

    Yes, laws against porn exist. Basically, its only 'obscene' porn that the laws target. Exactly what that means is very subjective, but since almost everyone looks at porn, 'obscene' porn is usually regarded as porn that most people dont look at. A few decades ago, bondage was obscene and was targeted by the government (not to good effect, however, as afterwords it became more mainstream). A few years after Bush became president a crackdown happened on porn sites, basically things that where overly rough where targeted (and produced by small-ish time porn makers, rather then large companies). This site was just one that was targeted.

    So, to wrap up the US laws on porn production/distribution: anything thats popular enough to get noticed, yet niche enough not to cause a backlash if they are targeted, is fair game. If your looking to make porn and want to avoid being targeted: dont do anything that pushes the limits, especially (or perhaps, specifically) in areas that could be regarded as degration/humiliation by whoever happens to be in power.

  46. Re:Privacy? Huh? by Threni · · Score: 1

    Don't blame them. A large number of fat, stupid people are now in control of elections (and not just in the US), so we're going to only have more and more support for more and more ridiculous restrictions/obligations on how the rest of us live our lives.

  47. Re:Privacy? Huh? by Anonymous Coward · · Score: 2, Insightful

    In other words:
    Portraying people fucking people = ok
    Portraying people fucking people over = ok
    Portraying people fucking people that they are fucking over = omg omg not ok.

    The creators of "True Blood" should be jailed at once!

  48. Re:Privacy? Huh? by TheRaven64 · · Score: 0

    That's okay. Libertarians keep telling me that the second amendment prevents the government from doing anything to the first, so I'm sure this is only a temporary issue.

    --
    I am TheRaven on Soylent News
  49. Streisand Does Dallas by pieterh · · Score: 1

    The most likely consequence of this sentence is that clips of Jesus having sex with an angel will soar in popularity and previously uncool notions of what to put where, and with whom, dressed how, will become cool and fashionable.

    Having one's product banned for being immoral is usually very good for business.

    They'll probably earn more by being in jail for a year and a day than if they were found innocent.

  50. Re:Privacy? Huh? by dublindan · · Score: 0

    What happened to free speech?
    What happened? I don't really understand this.. I always hear it mentioned everywhere, but I've seen no evidence of this mythical free speech my American peers keep telling me about. It sounds very much like a "do as I say, not as I do" type of thing on the US governments part. Every time I hear someone go on about free speech and free country and all that, my first thought is always bullshit. Please, someone, show me where this free speech can be found, because I don't see it.

  51. Free publicity by Anonymous Coward · · Score: 0

    Of course, now that this has made slashdot, the number of people aware of the film will skyrocket. From what another poster describes as the content, it is sick. However, one should not forget the truism:

    "The trouble with fighting for human freedom is that one spends most of one's time defending scoundrels. For it is against scoundrels that oppressive laws are first aimed, and oppression must be stopped at the beginning if it is to be stopped at all." - H L Mencken

  52. Re:Privacy? Huh? by selven · · Score: 1

    Fortunately, the 3rd amendment came to the rescue when they tried to hide in people's homes.

  53. Simulations gets you jail-time by nurb432 · · Score: 1

    But the real thing doesn't. Glad we have our priorities straight.

    --
    ---- Booth was a patriot ----
  54. Re:Privacy? Huh? by Tom · · Score: 2, Insightful

    the need to continue to protect the public from obscene, lewd, lascivious or filthy material,

    Uh, maybe I missed something here. Did they display their simulated rape in a public square? Is it "the public" or isn't it rather voluntary customers of such material?

    --
    Assorted stuff I do sometimes: Lemuria.org
  55. Speaking of degrading us all... by DarrenBaker · · Score: 0

    http://www.csmonitor.com/2009/0629/p02s07-usju.html

    The fact that they censor this act between consenting adults, made for consenting adults, where nobody is injured, and they allow these people to propagate their hate speech is abhorrent.

  56. Re:Privacy? Huh? by Anonymous Coward · · Score: 0

    Baileys Irish Cream = delicious.
    Juice of two limes = also delicious.

    The combination however, I would not recommend.

  57. Re:Privacy? Huh? by Minwee · · Score: 1, Troll

    Gunned down in the street by the 2nd amendment.

    Remember, guns don't kill people. Amendments kill people.

  58. Re:Privacy? Huh? by nurb432 · · Score: 1

    I was thinking to myself... why is this any different to any porn site out there? Is porn now prohibited in the US?

    According to the US Supreme court, yes, *porn* is prohibited and has been for a while now. *Adult material* isn't. ( and they get to define which is which )

    --
    ---- Booth was a patriot ----
  59. Re:Privacy? Huh? by L4t3r4lu5 · · Score: 3, Insightful

    Fat lot of good it did. Same with George Carlin. For all of the insight they had, all they did was make people laugh at their own idiocy.

    I wonder why they didn't say, half way through the show "Why are you laughing? What's funny about what I'm saying? Here's a petition stating that we want this shit sorted out. Sign it. It's going in this envelope on stage, and that envelope is going to Congress. I'm tired of this shit, and the fact that you're paying to hear me talk about it means you are too! Do something about it! Put your name down."

    Instead, he said a few rude words in a sentence and the sheeple giggled.

    --
    Finally had enough. Come see us over at https://soylentnews.org/
  60. Frontline episode by cenc · · Score: 2, Interesting

    I remember that Frontline documentary episode. I believe these where the people that made videos of women being kidnapped, beaten, and gang raped. They did not show anything in the documentary, but they did show the Frontline camera crew that was filming the making of video had to stop in the middle because they could not watch anymore. Now, it might have been shocking stuff at the edge of what is possible to do with actors, but it was still within the bounds of the law as far as consenting parties willing to be filmed.

    At least it is the kind of thing that is not up to a judge to decide what they find repulsive, otherwise we are on the slippery slope back to the 70's where more conservative taste will make any portrayal of sex illegal.

    1. Re:Frontline episode by DarrenBaker · · Score: 2, Informative

      If I remember correctly, they didn't stop filming because they couldn't watch, but because it was conceivable they'd be charged with being an accessory.

  61. The only thing obscene... by divisionbyzero · · Score: 4, Insightful

    is this verdict. Between the First Amendment and the Fourth I'm not sure that this is remotely constitutional. I could see the point if the person involved filed rape charges, but then it would be a case about rape, not obscenity. Totally stupid.

    1. Re:The only thing obscene... by tinkerghost · · Score: 1

      [THe only thing obscene] is this verdict. Between the First Amendment and the Fourth I'm not sure that this is remotely constitutional. I could see the point if the person involved filed rape charges, but then it would be a case about rape, not obscenity. Totally stupid.

      The Supreme Court already ruled that obscene material isn't protected speech - that's the Miller Test. The US Postal service also has rules about what can & can't be shipped via the US post. From what I can make out, the material being shipped was "obscene" by the Miller test:

      1. Unless it's a BDSM community, it's not going to fit a community standard
      2. It's goal is definitely to stimulate a prurient interest
      3. The producers didn't try to push that it had "Artistic Merit"

      While I don't like the Miller test - its arbitrary and places the burden of proof on the defendant - it is the current standard used by the court system. Additionally the Miller test explicitly only deals with sexual material - under the Miller test, no degree of graphic violence can be considered obscene because violence alone fails both the first and second test.

      So, while you can't show explicit rape scenes - or really even most heavy S&M scenes, you can show graphic depictions of vivisections and simulated torture snuff with impunity.

    2. Re:The only thing obscene... by divisionbyzero · · Score: 1

      Sadly, you are correct, but it's still stupid. ;-)

  62. Re:Privacy? Huh? by meyekul · · Score: 1

    [15] Forced Entry was directed by Lizzy Borden and released in 2002. Again it was the director's cut version of the film that was cited in the case.

    Well, compared to her real life escapades I think the movies aren't such a big deal.

  63. Fascism is here... by Anonymous Coward · · Score: 0

    I see this as another example of how America is becoming fascist.
    As amazingly distasteful as simulated rape porn, and simulated pedo porn is, I'm amazed it's not protected by free speech. After all isn't free speech to protect whatever people say assuming it doesn't directly hurt someone, (ie yelling fire in a crowd) even if I disagree so much I would rally against those beliefs my entire life?
    This sort of fringe porn would have to be searched for and the people ordering it I'm sure are very aware of what they are getting. So to prosecute this as obscene in a different district from the accused, one the government figured would be easiest to get a conviction sounds like a witch hunt.
    Along with the entire Bush era, and the AT&T internet tapping case, and the digital copyright millennium act this is just another example of fascism coming to America.
    Thank god I don't live there, not that Canada is always much better lately.

  64. Re:Privacy? Huh? by beowulfcluster · · Score: 1

    "These prison sentences affirm the need to continue to protect the public from obscene, lewd, lascivious or filthy material"

    Can't the public protect themselves by not ordering it? Why does it need help from the government to do that?

  65. Re:Privacy? Huh? by value_added · · Score: 1

    Can someone with an understanding of the US laws and legal system explain what exactly the crime was? Is producing and distributing porn really a crime for which you can get jail time in the USA?

    You might want to start with a read through of Wikipedia's page on Larry Flynt. I think it's still the case that adult material isn't sold in certain states.

    Note that the term obscene has a legal definition. IIRC, bestiality and golden showers, for example, are considered "obscene", whereas Janet Jackson's nipple is considered "indecedent".

  66. Salo? by Anonymous Coward · · Score: 0

    Has Richard Ashcroft ever seen the Italian movie Salo? It's available from Netflix. Has all of these aspects (and I mean all of them). Why hasn't Netflix been thrown in prison?

  67. Re:Privacy? Huh? by beowulfcluster · · Score: 1

    If your looking to make porn and want to avoid being targeted: dont do anything that pushes the limits, especially (or perhaps, specifically) in areas that could be regarded as degration/humiliation by whoever happens to be in power.

    And once people start doing that you have a nice chilling effect in .. err.. effect.

  68. Don't blame the system by Psyborgue · · Score: 2, Informative

    These idiots pled guilty. It's their fault. They should have fought it.

    1. Re:Don't blame the system by XnavxeMiyyep · · Score: 2, Insightful

      Not everyone has the resources and energy to constantly fight when their own lives and freedoms are on the line. They were ultimately intimidated by the state and gave in. The system is indeed at fault here.

      --
      I put the 't' in electrical engineering.
    2. Re:Don't blame the system by Psyborgue · · Score: 1

      Sure they were under duress and likely intimidated (as are most fights), but they still made a choice to give in. There is always a choice. There are good attorneys out there willing to take such cases on a pro bono basis. If you don't fight for your rights, you lose them. It's as simple as that.

    3. Re:Don't blame the system by moxley · · Score: 1

      What you have to understand is that the entire system is geared towards a plea bargain - most people in the US have no idea of how the criminal justice system really functions - forget all that shit you learned in school about "fair trials" and shit.

      They bring a huge amount of pressure to bear on these people, and set things up in a way where it's going to cost them so much money to continue to fight and they stack the desk against them and set it up in a way so that they really can't win. Then, likely their lawyer has a conversation with them that sounds something like the following:

      "Look, I know it's not right, but you should take the plea bargain - if you take the plea bargain and agree to plead to these charges there will be no trial - your legal bills will cease, you can get your affairs in order then do your time and you'll be out in 4 months - should you choose to go to trial you'll face 35 times the amount of time and a very large fine, the trial and perparation will cost obscene amounts of money and I cannot say that your chances are even 50-50 - this is a politicized trial and they will be doing every little trick they have to ensure that you lose, and when you lose they will take you straight to jail - if you want to be a martyr for the cause, I fully support that and will be right there with you as long as you can continue to pay me - but my best advice to you, as your lawyer, is to take the plea bargain,"

    4. Re:Don't blame the system by Psyborgue · · Score: 1

      I know how it works. It takes guts to stand up to your own attorney when he is advising you to take a plea or settle a civil case. It's still a choice. Sometimes, it's more important to stand up for a principle than to care about your own temporary well being. Often, in the long term, it turns out well, practically as well as ideologically. The constitution is clearly on the defendant's side in this case.

    5. Re:Don't blame the system by TheStonepedo · · Score: 1

      "[...] and they stack the desk against them [...]"

      You keep using that word. I do not think it means what you think it means.

      --
      I'll be your candy shop of infinite deliciousity if you'll be my discotheque of endless rump-shaking.
    6. Re:Don't blame the system by Cytotoxic · · Score: 1

      You leave out the important calculus of risking 10, 20 or 30 years in jail with no possibility of parole, versus taking the year and getting out in 8 months or less - when the trial and appeals would take longer than that. Pleading "guilty" can mean "I didn't do crap, but I can do a risk/reward analysis". If I was young and idealistic and if I hadn't seen the news of McMartin preschool, Wee Care nursery, Little Rascals day care and other cases of Day care sexual abuse hysteria I might be motivated to make a stand on principle. Now I'm older, jaded, more pragmatic and have more to lose. There are times when you'll admit to something that isn't true to avoid life in prison without possibility of parole - if you don't believe me, just ask Robert Kelly and Dawn Wilson of Little Rascals. The charges against them were so ridiculous that you couldn't imagine they'd be convicted - but they were. Dawn Wilson took a stand on principle and refused a deal to testify against Robert Kelly on the grounds that what they were asking her to do was lie to convict him. Brave girl - particularly as a young newlywed with her first child on the way. Dawn was sentenced to life in prison for the utterly unbelievable crime of having sex with her boss in the storefront window on main street at 2 o'clock in the afternoon. According to the Frontline documentary, even the jury didn't believe the charges against her - but they felt they had to convict her to "protect the children". Betsy Kelly, seeing the writing on the wall took a plea bargain after being held in prison for two years awaiting trial. She plead "no contest" and served another year.

  69. Re:Privacy? Huh? by Anonymous Coward · · Score: 0

    Here's a bit from Wikipedia....could this be it?

            * Extreme Teen 24[1]: contains a scene of a naive supposed young girl being talked into having sex by an older man. The actress involved was over 18, however dressed and acted like a young girl.[8]
            * Cocktails 2[1]: various scenes of women drinking vomit, saliva and other bodily fluids.[17] It was the director's cut version of the film that was cited in the case.[1]
            * Ass Clowns 3: a female journalist is being raped by a gang led by Osama bin Laden; the journalist is freed and the gang members killed. The director's cut version also contains a scene where Jesus steps off the cross and has sex with an angel.
            * 1001 Ways to Eat My Jizz:
            * Forced Entry[15]: The film depicts the beating, rape and murder of women by a serial killer, who is eventually killed by a mob of vigilantes.[15] There are three scenes which graphically portray rape and murder, and women are also spat on.[8] Extreme's website called it their "most controversial movie" and "a stunningly disturbing look at a serial killer, satanic rituals, and the depths of human depravity."[15] Forced Entry was directed by Lizzy Borden and released in 2002. Again it was the director's cut version of the film that was cited in the case.[1]

    http://en.wikipedia.org/wiki/Extreme_Associates#Obscenity_prosecution

  70. Re:Privacy? Huh? by Anonymous Coward · · Score: 0

    "Wikipedia tells me that one of the porno videos involved in this case was about a teenage girl being raped by an older man."

    An 18 and 19yo are teenagers.

    And isn't this from Pennsylvania? Maybe they've changed the law, but the age of consent was 16yo. 14 if the other partner was 3-4 years older.

  71. Re:Privacy? Huh? by Qzukk · · Score: 3, Insightful

    While I think the Miller Test replaced "I know it when I see it" at the SCOTUS level, the fact of the matter is that the Miller Test is "I know it when I see it", just applied at a lower level. If this gets appealed, I'm sure the SCOTUS will just say "well, after the most dire of voires, the prosecutors managed to find 12 stuck-up prudes that were offended by your movie, so it's obscene". The real problem is that the government has managed to convince everyone that "obscenity" isn't speech. Since they control the definition of obscenity, they control the definition of speech.

    --
    If I have been able to see further than others, it is because I bought a pair of binoculars.
  72. Re:Privacy? Huh? by Just+Some+Guy · · Score: 2, Insightful

    The Extreme Associates Wikipedia article gives you an idea of what they're being prosecuted for

    That's filthy, disgusting, meritless, reprehensible, and none of the government's damn business. Two consenting adults filmed scenes that other consenting adults wanted to watch. That should be the end of the story.

    I normally mean for my sig to be funny. Sometimes, like now, I don't.

    --
    Dewey, what part of this looks like authorities should be involved?
  73. Re:Privacy? Huh? by Kokuyo · · Score: 0, Offtopic

    The director's cut version also contains a scene where Jesus steps off the cross and has sex with an angel.

    Oh my god, this sounds hilarious! I wanna see that!

  74. Re:Privacy? Huh? by mawillia · · Score: 1

    the porno videos involved in this case was about a teenage girl being raped by an older man

    Thanks for the extra info, though I still have to say it's a stupid law. I can't help but think that if the teenage girl had been graphically murdered they'd be nominated for Oscars rather than put in prison :\

    If the girl had actually been murdered, I should hope not. Last time I checked, most graphic murder films were fake, so when my son sees someone get killed one way another in a flick (even on primetime or daytime TV) I can at least tell him, "it's not real" and point to six other movies where the same actor/actress is still running around. Seems like an underage girl having sex (raped???) with an older man is potentially evidence of a real crime (sex with a minor is a felony, last time I checked), unless it too was faked. Do people watch fake porn?

  75. Re:Privacy? Huh? by 1729 · · Score: 5, Informative

    U.S. Attorney Mary Beth Buchanan

    That explains it. Buchanan was the zealot who (selectively) prosecuted Tommy Chong:

    http://en.wikipedia.org/wiki/Mary_Beth_Buchanan#United_States_vs._Tommy_Chong_.282003.29

  76. Where's Larry? by TapeCutter · · Score: 4, Informative

    I'm not an American but I can recognise a genuine American patriot when I see one. Larry Flynt famously admits to being guilty of bad taste but in my book the man is a hero and has the wounds to prove it. Before his landmark case against Falwell there was no protection of parody and you could be sued for "hurting someones feelings".

    He was appalled by the hypocricy of the Clinton blow job thing and took out a full page ad in the Washington Post offering a million dollars for anyone who could prove they had an affair with a congressman or senator. The ad produced sex tapes and a scandal that embarased the FBI and forced the speaker of the house to quit. When sentenced to three months for refusing to name his sources he threw an orange at the judge and shouted "You fucking pussy, is that the best you can do".

    When facing 25yrs for "organised crime" ( ie: publishing Hustler ), he was asked by the judge if he had anything to say before sentencing, he replied "You haven't made one intelligent decison in this case, I don't expect you to start now".

    He also took on the Bush administration for the right to report from the battlefield after they went against 200yrs of journalistic tradition and made it illeagal at the start of the Afghan war, he set another important precedent by winning that one too.

    --
    And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    1. Re:Where's Larry? by hesaigo999ca · · Score: 1

      You woke me up to a greater movement then I thought possible by one man.
      Had i points to give, informative comes to mind.
      I heard small things about Flynt, but not all...I will surely delve into it deeper now...
      As for being a patriot, I am an American patriot, as well as a Canadian patriot...I live in Canada
      I stand by a good government, and oppose corruption or stupidity in the government,
      which we have too much of in both countries at the moment.

      I just hope we get out of this mess soon enough, I think both our countries could use a breather

    2. Re:Where's Larry? by RedAlert99 · · Score: 2, Insightful

      That's an interesting version of history. It's not all true, but it's interesting.

      --
      Cats know what you're thinking. They don't care, but they know.
    3. Re:Where's Larry? by Phroggy · · Score: 5, Interesting

      That's an interesting version of history. It's not all true, but it's interesting.

      Which parts aren't, and what really happened?

      --
      $x='S24;r)>63/* h@<5+oZ)32"5cz';$me='phroggy'x$];
      $x=~y+ -xz+\0-Tx+;print$_^chop$me for split'',$x;
    4. Re:Where's Larry? by commodoresloat · · Score: 2, Informative

      He also took on the Bush administration for the right to report from the battlefield after they went against 200yrs of journalistic tradition and made it illeagal at the start of the Afghan war, he set another important precedent by winning that one too.

      You're talking about Flynt v. Rumsfeld. He lost that one.

    5. Re:Where's Larry? by TapeCutter · · Score: 1

      I stand corrected, the supreme court declined to hear the case. The information was from memory, I watched an excellent documentry on TV a few weeks ago. Here in Australia we have soft porn and full frontal nudity on broadcast TV (mainly on the state sponsered channels!).

      Coincidently when I posted the comment I had just finished watching last night's doco about the US porn industry that also included an interesting interview with Gore Vidal as well as Jenna Jameson strutting her stuff.

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    6. Re:Where's Larry? by TapeCutter · · Score: 1

      There are some interviews with Flynt on youtube, I got the info from a doco I watched on Australian TV. I had a "seniors moment" on the Afghan thing and was corrected by another poster below, the supreme court refused to hear his appeal and he lost.

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    7. Re:Where's Larry? by failedlogic · · Score: 1

      Agreed as well. I always had a lost of respect for Flynt for everything he has done for free speech. I think much (or even more so) of his movement has been passed on to Canada. That proves to me he's extremely intelligent and certainly underestimated.

      I'm going to do some reading up on him too.

    8. Re:Where's Larry? by pitchpipe · · Score: 1

      I'm just now going to give up a bunch of mod points, but I think that your post should be modded to a 6, it is that important.

      --
      Look where all this talking got us, baby.
  77. Re:Privacy? Huh? by drinkypoo · · Score: 4, Insightful

    Here's the rub, though; while there are certainly women in the porn industry with full knowledge and understanding and even enjoyment of what they are doing, a large amount of porn is nothing like that. A friend recently told me a story about a girl he knew from his hometown, and I will share the anecdote with you now: This girl's girlfriends got her to come down to LA to do "modeling" which then turned into drinking and drugs on a scale she wasn't used to, which then became "modeling with titties", then "modeling with a cock out", etc etc. She then wound up having violent sex she wasn't at all in to, then the tape got sold out of gas stations everywhere, and she couldn't show here face in her home town, now she's some kind of shut-in.

    Top shelf pussy, just ruined by porn. There's nothing happy about that story.

    This is by no means the worst casualty of pornography, either. Most of the low-rent, low-pro videos you see which are about degrading women really are degrading women. That is in fact part of their appeal for their particular audience. I have nothing against pornography, but getting off on not-really-consensual sex where women were coerced and/or deliberately tricked into having it is sick, and it's wrong, and it's harmful to society.

    Again, I'm not saying porn is bad. The Nixon administration even commissioned a report which was TRYING to find a link between consumption of pornography and harmful behavior, and failed. What I'm saying is that pornography which is designed to be degrading really is degrading in most cases, and furthermore it is often literally a form of rape. I know NOTHING WHATSOEVER about this particular case, but it is not at all impossible that this couple acted reprehensibly. There are numerous institutions producing pornography in California and distributing it over the internet, some of them much larger than this. If the point were to stamp out internet porn, then they would have gone after one of those, and made a larger dent.

    With all that said: To see words from "U.S. Attorney Mary Beth Buchanan" saying that the public needs to be protected from lasciviousness truly makes me sick. The English kicked the Puritans out, and I think it's time for Americans to do the same.

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  78. Re:Privacy? Huh? by worthawholebean · · Score: 1

    IANAL, but this does have a legal history in the US and is much better than it used to be. All these doom-and-gloom "what happened to the US" posts ignore that obscenity law used to be much, much stricter.

  79. Re:Privacy? Huh? by Anonymous Coward · · Score: 0

    I hope this is supposed to be ironic.

  80. Re:Privacy? Huh? by shoemilk · · Score: 2

    the porno videos involved in this case was about a teenage girl being raped by an older man.

    So, close to 80% of porn made in Japan is illegal in the US then?

  81. Re:Privacy? Huh? by loufoque · · Score: 1

    There are even several states where non-vaginal sex is prohibited. Now, whether those laws are actually enforced is a different thing.

  82. Over the line is over the line? by Anonymous Coward · · Score: 0

    As a lawyer who cares about the first amendment, I have to say this prosecution does NOT bother me. The legal tests for obscenity are extremely liberal, and basically require content that would shock the hell out of a jury anywhere in the country, not just in the more prudish, Bible thumping places. Given how mainstream porn is now, this is NOT a threat to erotica or explicit porn in general. Extreme has been making a business of rough rape/defecation videos, and seriously, if that's what it takes to get you off, maybe you should consider some counseling?

    1. Re:Over the line is over the line? by MightyMartian · · Score: 2, Insightful

      Well maybe one should seek conselling, but irrespective of that, if no one is being harmed, if it's not being put on prime time TV, why should it not be permitted? Are you seriously asserting that it's any of your goddamned business what these people do?

      Quite frankly, the most disturbing thing here is how much some people ultimately despise liberty. I guess I can put you in that camp as an enemy of freedom.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    2. Re:Over the line is over the line? by Anonymous Coward · · Score: 0

      The legal tests for obscenity are extremely liberal

      I do not think that word means what you think it means.

  83. Re:Privacy? Huh? by SeximusMaximus · · Score: 5, Informative

    I have no doubt that the porn they were distributing could well have been "degrading" women by portraying them in a "vile and depraved manner", as for the "most imaginable" part, I'm sure my imagination is a little better than yours Mary Beth, being that many pornographic movies serve exactly that purpose.. but last I looked that was still protected speech.. thus my shock at the finding.

    You must not have looked very recently - protected speech does not include anything that falls under a Chaplinksy test(Chaplinsky v. State of New Hampshire, 315 U.S. 568) and while erotic content does not nessessarly fall under that list, obscene material does - and that is what the federal law is dealing with "obscene erotic content"

  84. Re:Privacy? Huh? by Anonymous Coward · · Score: 0

    Guns don't kill people. Jon Lajoie does: http://www.youtube.com/watch?v=xC03hmS1Brk

  85. by international standards, this stuff is tame by Anonymous Coward · · Score: 0

    dont let these law makers come to japan...their heads would asplode 10 minutes after leaving the plane.

    that said, some of the shit here is fucked up and needs to be banned, but thats stuff like fake vaginas with a very young manga girl drawn on the front with "7 years style" written on it. my wife almost had a fit.

  86. Re:Privacy? Huh? by Lifyre · · Score: 1

    A PBS documentary isn't federal prosecution in any sense. Lets try using our higher skills and follow logical paths, a prosecution started by religious fanatics because of a documentary doesn't mean the makers of the documentary were religious fanatics.

    --
    I'll meet you at the intersection of "Should be" and "Reality"
  87. Re:Privacy? Huh? by ObsessiveMathsFreak · · Score: 1

    The 5th amendment saw nothing.

    --
    May the Maths Be with you!
  88. Re:Privacy? Huh? by worthawholebean · · Score: 1
    In fact, in Miller v. California, the following test was given for obscenity:

    • the average person, applying contemporary community standards (not national standards, as some prior tests required), must find that the work, taken as a whole, appeals to the prurient interest;
    • the work depicts or describes, in a patently offensive way, sexual conduct or excretory functions[1] specifically defined by applicable state law; and
    • the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.

    This test is still in use today.

  89. Re:Privacy? Huh? by honkycat · · Score: 4, Insightful

    but last I looked that was still protected speech..

    If they're doing prison time for it, apparently it's not protected speech... maybe it should be, but it's apparently not.

  90. Crusading Attorney: by Anonymous Coward · · Score: 0

    Mary Beth Buchanan is the U.S. Attorney who prosecuted Tommy Chong for selling bongs.

  91. Re:Privacy? Huh? by honkycat · · Score: 1

    Read the OP again. She was not under age, and it was not actual rape. So you can point your son to six other movies where she's still, ahem, running around.

  92. Re:Privacy? Huh? by shoemilk · · Score: 1

    I got two words for you: the fif!

  93. Thanks, libtards! by BrowncoatJedi · · Score: 0, Troll

    This is what happens when you let fat ugly feminists roam free in the justice system.

    1. Re:Thanks, libtards! by Anonymous Coward · · Score: 1, Informative

      She is actually a deeply conservative Republican.

      http://en.wikipedia.org/wiki/Mary_Beth_Buchanan

  94. Re:Privacy? Huh? by SharpFang · · Score: 2, Informative

    there's a documentary "Deep Throat" about the porn movie "Deep Throat" and events that surrounded it.

    --
    45 5F E1 04 22 CA 29 C4 93 3F 95 05 2B 79 2A B2
  95. Re:Privacy? Huh? by kodomo · · Score: 1

    I was hoping a torrent link to see it for myself

  96. Re:Privacy? Huh? by value_added · · Score: 1

    We only begrudgingly accept homosexuality.

    Hardly. From the Wiki article

    Although homosexual acts were decriminalized in some parts of the Western world, such as Poland in 1932, Denmark in 1933, Sweden in 1944, and the United Kingdom in 1967, it was not until the mid-1970s that the gay community first began to achieve limited civil rights in some developed countries. On July 2, 2009, homosexuality was decriminalized in India by a High Court ruling.

    So yes, assuming you live in a liberal Western country, you probably can find gay porn at your local video store, but I'd wager most of the sodomy laws are still on the books. In fact, there was a couple (male/female) a few years back who were charged by an overzealous prosecutor in one of the Southern states.

    A curious irony is that most law enforcement officials tend to be heterosexual males, so the shitload of "obscene" or otherwise illegal gay porn continues to remain available. Anyone who has seen something like the Goatse images knows that even a 3 second viewing is 3 seconds too much.

  97. Re:Privacy? Huh? by Abcd1234 · · Score: 5, Insightful

    Top shelf pussy, just ruined by porn.

    No, she was ruined by her own stupidity. Throughout your little anecdote, there's one thing you neglected to point out: she was a free actor who made her own choices. Were they *stupid* choices? Hell yes. But they were her choices to make. Now she gets to live with the consequences.

  98. Damn by grh_angelone · · Score: 1

    Now I gotta make my own dirty sanchez flicks...

  99. Right to free speech by DJRumpy · · Score: 2, Insightful

    But it does go against their right to free speech. I'm totally confused by the second court appeal that said it was not covered under the Right to Privacy? What does that have to even do with this? This is obviously a free speech issue. The original decision IMO was the right one. These 'obscenity' laws are not constitutional. You may not like what people have to say, but they still have the right to say it. These harm no one (it's acting, not real life). Yeah they are tasteless, and unacceptable to the vast majority of citizens, but if they don't like it they don't have to look. I can protect my own sensibilities, thank you very much.

    1. Re:Right to free speech by SeximusMaximus · · Score: 4, Insightful

      Yet that is not what he said - he said last time he looked it WAS protected speech - and obscene content is not - and trying to ignore that and live in a fantasy land gets you no points either. Like all portions of the Bill of Rights, the 1st amendment has its limits, and obscenity is one of them.

    2. Re:Right to free speech by Artifakt · · Score: 1

      The right to privacy came up because the pornographers brought it up (or rather their legal defense did). The defense claimed that since individual viewers had a right to privacy in their own homes, that individual right would be abridged if the producer/distributer wasn't also extended a right of privacy in creating the work. While this next point wasn't specifically argued by the defense, if that were indeed true, one consequence would be the producer wouldn't have to show model releases that proved all actors were over 18 on demand of law enforcement.

      That's why the appeals court had to rule - a ridiculous claim by a defense lawyer trying to stretch the hell out of an existing right, a claim with neither law or logic to support it.

      --
      Who is John Cabal?
    3. Re:Right to free speech by sumdumass · · Score: 1

      But it does go against their right to free speech.

      Not really, free speech isn't a blanket license to offend people. Obscene is another one of those test that the material has to go under or through. Unfortunately, it is subject to community standards but has a few requirements,

      • An average person, applying contemporary community standards, must find that the material, as a whole, appeals to the prurient interest;
      • The material must depict or describe, in a patently offensive way, sexual conduct specifically defined by applicable law; and
      • The material, taken as a whole, must lack serious literary, artistic, political, or scientific value.

      Now that is what the Supreme court has to say about it. I think we can thank the Living document crowed who seems to only care about parts of the constitution that they find an advantage in like free speech and and search and seizure but not about gun rights or states rights or constitutional limits on the government. Congress shall make no law seems obvious to me, but under the living document that is allowing things like Cap and Trade or welfare to happen, it gets a little cloudy because it becomes a moving target. I suppose I should mention that there is a reason why there is a procedure to change the constitution outlined in it (which has been used 17 times- 27 if you count the bill of rights- in the past) and I should mention that they made it some what difficult to make changes to it for a reason.

    4. Re:Right to free speech by sumdumass · · Score: 1

      I think the logic in the use was to follow the same privacy issues that got the Texas sodomy laws invalidated. What the defense didn't realize was that in the sodomy cases, it was two consenting adults interacting completely privately wherein the producers were acting commercially.

    5. Re:Right to free speech by atraintocry · · Score: 1

      Not sure why this gets a funny mod? I'm pretty sure obscenity isn't protected as well. Which is really the whole point of being able to label something as 'obscene'...to get around those pesky ideals our founding fathers had.

      +1 depressing if anything.

    6. Re:Right to free speech by bill_mcgonigle · · Score: 1

      The material must depict or describe, in a patently offensive way, sexual conduct specifically defined by applicable law; and

      Ah, there's the bug. I find things like trampling on free speech, enslaving populations, and fighting unnecessary wars far more offensive than whatever gross kink these people were into.

      There's nothing inherently evil about perverse sexual behavior, it's just something the control-freaks could get passed in a majority-rule setting. Our government, as conceived, is supposed to protect the minority from that.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    7. Re:Right to free speech by sumdumass · · Score: 1

      I don't disagree with you even though I wouldn't necessarily agree with the speech. There are limits to free speech in which they start becoming burdens on society or people in specific and not tolerated or have their own consequences. This isn't one of them (at least I can't see how it could be). Surely you wouldn't want someone inciting a riot without some penalties, especially if the information is false and made up. Then there is the entire creating a public panic over a danger that doesn't exist. Slander and libel also carry consequences.

      However, I don't think this is about control freaks as much as it is power and money and the continuation of both. The reason it is allowed to happen seems to be a departure from the constitution and it a product of the living document where instead of amending the constitution, you just interpret it however you want according to how society has progressed/regressed.

    8. Re:Right to free speech by plague3106 · · Score: 1

      Not really, free speech isn't a blanket license to offend people.

      Funny, because non-offensive speech doesn't need protection.. so it seems to me that "offensive" speech is exactly what the first amendment is trying to protect.

      The whole obscentity and community standards crap is just a run around the first amendment, nothing more. Why should my neighbors get to prohibit what I watch in my own home?

    9. Re:Right to free speech by plague3106 · · Score: 1

      Then there is the entire creating a public panic over a danger that doesn't exist.

      Oh, you mean like the whole war on terror thing? Or the war on drugs thing? Or is it only ok for the government to do that?

    10. Re:Right to free speech by sumdumass · · Score: 1

      Funny, because non-offensive speech doesn't need protection.. so it seems to me that "offensive" speech is exactly what the first amendment is trying to protect.

      You need to not view everything in your own little world of nothing more then you can conceive. The first amendment was put into the constitution to protect political discourse after many of the founding fathers found themselves wanted dead or alive for speaking against the crown either in person or in their writings.

      The first amendment is brought to all forms of speech because all forms of speech to some extent have influence on society, politics, and so on. But you should really read the rest of what I said.

      The whole obscentity and community standards crap is just a run around the first amendment, nothing more. Why should my neighbors get to prohibit what I watch in my own home?

      Your neighbor shouldn't until such time as you push it onto them, then they have a say in how loud, when and so on.

      But you missed the point of the entire post. It wasn't that I supported the limits the Supreme court has placed on speech, it's that they can because instead of being a standing document that is unmovable without a constitutional amendment (*that is also constitutional) they have chosen to treat it as a living document that changes as the society grow and changes. This is the liberal mindset allowing this to happen. If the constitution was a strict document and followed, then half the laws and entitlement programs in place simply wouldn't be there including largely this one.

      The interstate commerce clause has been given superiority over the first amendment on the basis of speech being offensive and passes between the states when the constitution clearly states that The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. This means that you aren't limited to the rights protected by the constitution and when facets of the constitution conflict with each other, the side of more rights to the people must prevail. Constitutionally, the interstate commerce clause can't be used to override the first amendment but with the living document, neither has set limits or the power that was originally intended.

      In other words, in case you still didn't see my point, we need to go back to a strict interpretation of the constitution to avoid someone or a court justifying the infringement of rights that are clearly protected under the constitution.

    11. Re:Right to free speech by sumdumass · · Score: 1

      I'm not sure what your getting at. You were always and still are free to speak out against the war on terror or the war on drugs. What you can't do is cause immediate harm because of baseless accusations or statements.

      You can say X, Y, and Z and that you want to start a campaign or a war against the war on drugs. What you can't say is I have $5 grand for whoever brings me the head of the DEA, or that there is a bomb in this auditorium (when there isn't) that will go off in ten minutes and watch people trample and kill each other trying to escape with their lives.

      I think maybe you are concept hoping and not seeing the details because of what you want to see.

    12. Re:Right to free speech by plague3106 · · Score: 1

      You need to not view everything in your own little world of nothing more then you can conceive. The first amendment was put into the constitution to protect political discourse after many of the founding fathers found themselves wanted dead or alive for speaking against the crown either in person or in their writings.

      The first amendment is brought to all forms of speech because all forms of speech to some extent have influence on society, politics, and so on. But you should really read the rest of what I said.

      Its brought to all forms of speech because it doesn't explicity say its limited only to political speech. I did read what you said, and it has no bearing here.

      Your neighbor shouldn't until such time as you push it onto them, then they have a say in how loud, when and so on.

      WTF are you talking about? Buying a movie online or through the mail isn't pushing speech on anyone. Nor does any of the censorship going on here.

      With regards to the rest of your post, you start off saying you think the first amendment should be limited.. then decry how its done.

    13. Re:Right to free speech by plague3106 · · Score: 1

      What you can't do is cause immediate harm because of baseless accusations or statements.

      Which is exactly what the US government did; claimed it needed "tools" to fight terrorists, which we were never in any real danger from and immediately harmed our rights.

      I think maybe you are concept hoping and not seeing the details because of what you want to see.

      I see the details, its not the speech thats the problem, its the results. You punish people for causing harm, not because of the words they said.

    14. Re:Right to free speech by sumdumass · · Score: 1

      Its brought to all forms of speech because it doesn't explicity say its limited only to political speech. I did read what you said, and it has no bearing here.

      Pay attention why don't you. That's what the courts say- that's what the founding fathers said. you recording an image of your girlfriend pissing on my chest was never part of the conversation around the first amendment. It was all about political speech. You have to derive the intent before you can ascertain the meaning.

      WTF are you talking about? Buying a movie online or through the mail isn't pushing speech on anyone. Nor does any of the censorship going on here.

      Again, pay fucking attention.... Shit are you even trying to communicate or are you just fucking trolling? That statement had nothing to do with sending something through the mail, it nothing more then an acknowledgment that your rights end where they interfere with or deprive me of mine.

      With regards to the rest of your post, you start off saying you think the first amendment should be limited.. then decry how its done.

      Where? Where did I say the first amendment should be limited. The entire post, both of them, is nothing but an explanation to how it is limited and why it is wrong with a little what needs to be done to fix it. I'm not sure if english is you first language but you need to start reading what you are replying to a little better. You have confused yourself and take specifics as well as the entire post out of context and the only way I can explain that would be either you are trolling or extremely stupid. After reading your other reply, I'm going to guess a little of both.

    15. Re:Right to free speech by sumdumass · · Score: 1

      hich is exactly what the US government did; claimed it needed "tools" to fight terrorists, which we were never in any real danger from and immediately harmed our rights.

      I'm already convinced that you are a moron trolling but please, tell me why you think this. How is that immediate harm and why do you think we had no danger from terrorist despite no less the 20 terrorist plots on American soil being foiled by the government within the last 8 years and the people being tried and convicted?

      I see the details, its not the speech thats the problem, its the results. You punish people for causing harm, not because of the words they said.

      So if I tell 10 people to kill your family and they do it, I should be completely innocent of those crimes right? If I tell 5 people to rape you mom while you are forced to watch with your dad dismembered and spread around you, and they do it, I'm innocent because I didn't participate right?

      Get a fucking clue bat then proceed to beat yourself half to death with it.

    16. Re:Right to free speech by bill_mcgonigle · · Score: 1

      Surely you wouldn't want someone inciting a riot without some penalties, especially if the information is false and made up.

      Is this a real problem? Do potential inciters consider the legal ramifications and thus decide not to incite? Have we successfully prosecuted such incitements? If so, is is a large enough problem to setup a system of government interdiction of free speech to offset the costs?

      Then there is the entire creating a public panic over a danger that doesn't exist.

      I remember when Home Depot sold out of duct tape and plastic sheeting. I don't think anybody was prosecuted.

      Slander and libel also carry consequences.

      I wish they didn't. It creates a false pretence: that anything you read is true. If slander and libel weren't illegal, people would be much more skeptical of what is told to them, which would be a good thing. Slander is an attempt to convince somebody that something which is not true, is true. That kind of free speech is allowed to go on all the time, and is generally considered a good thing.

      However, I don't think this is about control freaks as much as it is power and money and the continuation of both.

      Certainly you're correct on reduction. The control is used for popular appeal, to continue reigns of power, which walks hand-in-hand with money.

      The reason it is allowed to happen seems to be a departure from the constitution and it a product of the living document where instead of amending the constitution, you just interpret it however you want according to how society has progressed/regressed.

      Yes, the whole "we're going to list a very small set of narrow and specific powers for ourselves here, but you guys go ahead and do absolutely whatever you want" argument. :)

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    17. Re:Right to free speech by sumdumass · · Score: 1

      Is this a real problem? Do potential inciters consider the legal ramifications and thus decide not to incite? Have we successfully prosecuted such incitements? If so, is is a large enough problem to setup a system of government interdiction of free speech to offset the costs?

      In order,

      It was even if it isn't now, there are laws on the books specificaly to deal with what has happened in the past.

      In most cases, yes. Because before the laws, it was common. Your parents are probably a little too young to remember the late 1960's early 1970's but ask them about it. Almost every major city suffered the damage of at least one riot during that time when people were protesting the violence of war by being violent themselves. This isn't even talking of the race riots led by the likes of the black panthers and such before that.

      And yes, we have successfully prosecuted people for inciting a riot. In fact, we have done so recently with 4 or 5 out of state "professional protesters" who incited a riot and participated in it around 2001 in Cincinnati Ohio in which a cop shot an unarmed black kid running away. Now don't get confused about the inciting a riot, if someone is injured or killed during that riot, the incitement charge only links you to the broader charge of the assault or death. You can be charged and convicted in most areas of inciting a riot even if the riot was stopped before anything happened. Anyways, inciting a riot is often used as the connector tool just as robbery would be used to link a person to the murder of the robbery victim even if they didn't participate in killing them but because they participated in the crime, it hits them too.

      as for the government interdiction, it's already there and has been for quite some time. 18USC 2101 spells it out quite well. It has also run the gambit of going through the courts and stood as a law itself even when the application of it hasn't.

      I wish they didn't. It creates a false pretence: that anything you read is true. If slander and libel weren't illegal, people would be much more skeptical of what is told to them, which would be a good thing. Slander is an attempt to convince somebody that something which is not true, is true. That kind of free speech is allowed to go on all the time, and is generally considered a good thing.

      I agree but as it is, it's up to the person who knows it isn't true to defend themselves. Think about what the state would have to know in order to enforce a law on libel or slander.

      Yes, the whole "we're going to list a very small set of narrow and specific powers for ourselves here, but you guys go ahead and do absolutely whatever you want" argument. :)

      Yes, it's a sham/shame and I wish it weren't true. Most people look at you like you are crazy when it gets pointed out.

    18. Re:Right to free speech by bill_mcgonigle · · Score: 1

      Yes, I'm aware of the riots - I had a great uncle, growing up, who was brain damaged from being dragged out of his car and beaten when he got caught in one in Asbury Park, NJ.

      But the mere speech itself isn't what needs to be prohibited. Consider hiring a hitman. If you do that, you'll be convicted of murder. It's not your speech that's being convicted, it's the act, merely conveyed by the speech.

      Even if it were worth condemning, does it have an effect? Did the people who were convicted in Cincinnati know it was illegal to say those things? If so, it didn't prevent them. If not, it's not terribly effective - those who might participate in riots are likely those least aware of the mala prohibita laws.

      Just for clarity, I'm not asserting that true liberty on speech isn't without risk.

      Most people look at you like you are crazy when it gets pointed out.

      The cognitive dissonance load is huge, because it's so plainly obvious.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    19. Re:Right to free speech by plague3106 · · Score: 1

      That's what the courts say

      The courts also said at one time that seperate but equal was fine and dandy.

      you recording an image of your girlfriend pissing on my chest was never part of the conversation around the first amendment. It was all about political speech. You have to derive the intent before you can ascertain the meaning.

      I'd like to see records of their discussion. Posting stories about a child molester has nothing to do with political speech, yet its protected as well.

      Again, pay fucking attention.... Shit are you even trying to communicate or are you just fucking trolling? That statement had nothing to do with sending something through the mail, it nothing more then an acknowledgment that your rights end where they interfere with or deprive me of mine.

      Oh, I'm sorry, I actually read the fucking article, dipshit. You know, the one this thread is about, where people are being jailed for sending obscene material over the internet AND THROUGH THE MAIL. My rights end when they interfere with yours? Please explain how something YOU NEVER SEE interferes with your rights? And you say I'm trolling?

      Where? Where did I say the first amendment should be limited. The entire post, both of them, is nothing but an explanation to how it is limited and why it is wrong with a little what needs to be done to fix it. I'm not sure if english is you first language but you need to start reading what you are replying to a little better. You have confused yourself and take specifics as well as the entire post out of context and the only way I can explain that would be either you are trolling or extremely stupid. After reading your other reply, I'm going to guess a little of both.

      You've made it clear you believe the first amendment only applies to political speech. To me, that's limiting it, because it certainly doesn't contain the words "political speech" anywhere... simply speech. Don't call me stupid when you aren't articulating yourself very well.

    20. Re:Right to free speech by plague3106 · · Score: 1

      How is that immediate harm and why do you think we had no danger from terrorist despite no less the 20 terrorist plots on American soil being foiled by the government within the last 8 years and the people being tried and convicted?

      Losing my protection against unreasonable search isn't immediate harm? Oh, and none of those plots foiled were done so using the "new tools," it was all done with laws in place prior to 9/11. I suggest you do some research.

      So if I tell 10 people to kill your family and they do it, I should be completely innocent of those crimes right? If I tell 5 people to rape you mom while you are forced to watch with your dad dismembered and spread around you, and they do it, I'm innocent because I didn't participate right?

      Oh right because people are mindless sheep that blindly do whatever they are told, and therefore are not responsible for their own actions, you are. Stop with your garbage pleas to emotion, its incredibly transparent. To fully answer you question, I would blame the retards that actually listened to you, since they should no better. I'm going to go do something just become someone tells me to, sorry that you have no will of your own though.

      http://www.nizkor.org/features/fallacies/appeal-to-emotion.html

      Get a fucking clue bat then proceed to beat yourself half to death with it.

      Ya, and you call me a troll?

    21. Re:Right to free speech by sumdumass · · Score: 1

      But the mere speech itself isn't what needs to be prohibited. Consider hiring a hitman. If you do that, you'll be convicted of murder. It's not your speech that's being convicted, it's the act, merely conveyed by the speech.

      First, sorry about your great uncle, I didn't expect the comment to hit so close to home.

      The problem with the speech isn't that it needs to be prohibited, there needs to be known consequences. I'm not suggesting that someone be denied the right to speak because of what they might say, but that they know what they do say can have consequences. Now most inciting a riot laws are either misdemeanors of low grade felonies but they are used as connector crimes to place someone else' actions at your direction into your responsibility.

      In your example of hiring a hit man, lets look at the situation a little and I think we might be on the same page. Asking someone to hurt someone else or destroy property even if for a fee, is just speech. But because someone did it, it intended to do it, and you knew there was that intention, your speech has just come back with the actions it caused. Suppose I stand up in a bar and say free beer to whoever kicks someone's ass and five people do it. Now suppose that the guy died from injuries because of what I said. I didn't ask for him to be killed but my speach resulted in his death. I have to bear the consequences. It's the same for inciting a riot, it's that little part of making something illegal in order to shove the responsibility of the resulting actions into you. You are not prevented from making the speech in most cases, you just have to suffer the consequences of it. An obvious example of this would be standing up in front of an angry crowd and yelling "kill whity".

      Even if it were worth condemning, does it have an effect? Did the people who were convicted in Cincinnati know it was illegal to say those things? If so, it didn't prevent them. If not, it's not terribly effective - those who might participate in riots are likely those least aware of the mala prohibita laws.

      Yea, it does have an effect. The people charged and convicted were professional troublemakers. They went to hot spots and attempted to inflame the populous to a point of riot. They are now serving time and when they get out, will have to report to a probation officer and live by a set of rules that will hopefully stop any future actions by them. Of course people have free will and laws against murder do not stop murder from happening. But what they do is provide a vehicle in which the people doing the murdering can be taken away from the ability to murder others. The same with inciting a riot, it more or less allows those responsible, who knew full well what was happening, to be restricted from the ability to do it again and again.

      The inciting a riot laws aren't really there to stop speech, it's to stop people attempting to cause harm, damage, and civil unrest through their speech.

    22. Re:Right to free speech by sumdumass · · Score: 1

      Losing my protection against unreasonable search isn't immediate harm?

      you haven't lost that or anything of the sort.

      Oh, and none of those plots foiled were done so using the "new tools," it was all done with laws in place prior to 9/11. I suggest you do some research.

      The new tools in the patriot act is primarily the old tools adapted to different scenarios. Please explain what your talking about here.

      Oh right because people are mindless sheep that blindly do whatever they are told, and therefore are not responsible for their own actions, you are.

      That's not what I am saying at all and you know it. If people do something at your direction, you are just as responsible and liable for those actions.

      Stop with your garbage pleas to emotion, its incredibly transparent. To fully answer you question, I would blame the retards that actually listened to you, since they should no better. I'm going to go do something just become someone tells me to, sorry that you have no will of your own though.

      Lol.. OK so when the CEO tells an employee who should know better to ignore the environmental safety laws and just dump those toxic chemicals in the city water reservoir, that CEO is completely innocent because the employee should have known better. Got ya there. I think your extremely fucking wrong but hey, you are the one making the point.

      And the garbage pleas to emotion was nothing but pointing something out. If you don't like it, it is probably because you are fucked in the head.

      Ya, and you call me a troll?

      No, I left the option of you being a complete and total idiot instead of a troll. As I said, I believe you are a bit of both.

    23. Re:Right to free speech by sumdumass · · Score: 1

      The courts also said at one time that seperate but equal was fine and dandy.

      And you point is what? I didn't say I sided with them, it's just a fact that we have to live by until sanity prevails. Quit looking for an argument that hasn't been made.

      I'd like to see records of their discussion. Posting stories about a child molester has nothing to do with political speech, yet its protected as well.

      First, so a search for the federalist papers, then read them. After that, look at the letters between members of the constitutional confederation to derive their intent.

      And do you really think that child molesters isn't political speech? I mean the very act is against the law, a law that was created through political processes.

      Oh, I'm sorry, I actually read the fucking article, dipshit. You know, the one this thread is about, where people are being jailed for sending obscene material over the internet AND THROUGH THE MAIL. My rights end when they interfere with yours? Please explain how something YOU NEVER SEE interferes with your rights? And you say I'm trolling?

      As I said, pay fucking attention. I said several god damned times now that I didn't support the fucking law and I didn't think the fucking government had a right to prosecute these people on it. Where in the hell is your major malfunction, again you are looking for an argument that does not fucking exist. Do I have to draw you a picture or something? And yes, your rights do end when they interfere with mine, and in no place have I said that sending things through the mail interfered with my rights.

      You are trolling, asshat. You are fucking with the context of what was said in order to support your own idea just to argue something that hasn't been argues. Go back under your bridge and count flies.

      You've made it clear you believe the first amendment only applies to political speech. To me, that's limiting it, because it certainly doesn't contain the words "political speech" anywhere... simply speech. Don't call me stupid when you aren't articulating yourself very well.

      Here you are doing it again, are you an idiot or a complete fucking imbecile? I said that currently it is X and it needs to be Y. And everything is political when there is a law for or against it. Why, because laws are made by political processes- moron.

      BTW, I am articulating myself completely find for normal people to understand. You seem to be the only one with a problem keeping it in the context of how it was presented. This implies a problem with you, not me. And yes, I already discussed that in case your comprehension is that bad. You can ask you mom to help you understand where it was.

    24. Re:Right to free speech by plague3106 · · Score: 1

      you haven't lost that or anything of the sort.

      Oh? My belongs AREN'T searched whenever I try to fly? My itinerary ISN'T being sent to the government ahead of time?

      The new tools in the patriot act is primarily the old tools adapted to different scenarios. Please explain what your talking about here.

      Um, you mean like warrentless wiretapping? There is a court where a warrant can be gotten after the fact... the new tools do away with the warrant completely. The "adapting to different scenarios" you gloss over directly violate the constitution.

      That's not what I am saying at all and you know it. If people do something at your direction, you are just as responsible and liable for those actions.

      Sure it is; you claimed that merely saying something is the same as doing, and you continue to state that. You claim that you could tell 10 people to go after my parents, and they would... with nothing other than you stating thats what you wanted done.

      By stating that someone is reasonable because they said "oh i wish someone would get rid of bob" you remove some of the responsiblity from the nut that went and killed bob... all because you don't think someone should be able to say something like that.

      Lol.. OK so when the CEO tells an employee who should know better to ignore the environmental safety laws and just dump those toxic chemicals in the city water reservoir, that CEO is completely innocent because the employee should have known better. Got ya there.

      No, you didn't "get me there." You changed the details of your story slightly to make your point, but its no longer the same point. You've now introduced cohersion where there was none before. Its called a strawman arguement. Might want to look it up.

      And the garbage pleas to emotion was nothing but pointing something out. If you don't like it, it is probably because you are fucked in the head.

      No, its because I'm tired of people trying to say "OMG what if this happened then this happened and that should SCARE YOU." You're an idiot who doesn't have a point trying to use emotion to outweight logic. Your desired result was "oh, well I wouldn't want anything happen to my parents so I guess he's right." See, it has nothing to do with the validity of your argument so much as it does my feelings for my parents. I'm not fucked in the head, I'm not some baby thats scared of my own shadow and won't backpeddle my beliefs just because you mention my parents in an argument.

      No, I left the option of you being a complete and total idiot instead of a troll. As I said, I believe you are a bit of both.

      Aww poor baby, whats a matter? I didn't fall for you stupid emotional argument, and then didn't fall for your strawman?

      Just because you're wrong and know it doesn't make me a troll or an idiot. You're the retard that apparently thinks ever person that ever uttered "i wish so and so were dead" thrown in jail.

    25. Re:Right to free speech by sumdumass · · Score: 1

      Oh? My belongs AREN'T searched whenever I try to fly? My itinerary ISN'T being sent to the government ahead of time?

      No, your belongings aren't searched everytime you fly, only when you fly commercial. And unless you are over 65 years old, your belongings were always subject to search, it was just a matter of doing it. As for your itinerary, I'm not exactly sure what you are claiming there, you don't need to check anything in with the government unless you are leaving the country.

      Um, you mean like warrentless wiretapping? There is a court where a warrant can be gotten after the fact... the new tools do away with the warrant completely. The "adapting to different scenarios" you gloss over directly violate the constitution.

      Yep, just like warrantless wire tapping and it's been legal for the types of intercepts that were happening since before it became illegal to tap a phone without a warrant. You should spend more time understanding the TSP and the authority it claims to operate under and maintains before making yourself look like another dumbass.

      And no, the warrant was not done away with completely. That's just a fucktard battle cry of people attempting to get elected or their guy elected with no basis in reality at all. So you frequently talk with terrorist on international calls? That's the only fucking way the warrantless wiretapping would effect you.

      As for the constitution, the constitution never dealt with phone calls and privacy until 1968, and even then the courts on multiple occasions left the door open for national security in which the TSP was being operated.

      It sounds to me that you are pretty pissed of over your own ignorance. You have everything wrong compared to the reality of it.

      Sure it is; you claimed that merely saying something is the same as doing, and you continue to state that. You claim that you could tell 10 people to go after my parents, and they would... with nothing other than you stating thats what you wanted done.

      No I didn't. I said that saying something to get someone else to do an action is the same as doing it. I said if I convinced 10 people to go after your parent's, I am just as liable as those who I convinced to act on my behalf. Free speech doesn't protect anyone from those consequences. Again, pay attention.

      By stating that someone is reasonable because they said "oh i wish someone would get rid of bob" you remove some of the responsiblity from the nut that went and killed bob... all because you don't think someone should be able to say something like that.

      No you don't. It's called a conspiracy and they both get punished because they are both responsible for the actions that killed bob. Also, you would have to say a little more then a generic I wish someone would get rid of bob.

      No, you didn't "get me there." You changed the details of your story slightly to make your point, but its no longer the same point. You've now introduced cohersion where there was none before. Its called a strawman arguement. Might want to look it up. No, it's the same point with the same details and moral- when someone does something on your behalf and at your direction, you are liable for those actions just the same as the person who did it. Just because you want to close your eyes to the details doesn't mean it's a straw man either. You need to pay fucking attention better.

      No, its because I'm tired of people trying to say "OMG what if this happened then this happened and that should SCARE YOU." You're an idiot who doesn't have a point trying to use emotion to outweight logic. Your desired result was "oh, well I wouldn't want anything happen to my parents so I guess he's right." See, it has nothing to do with the validity of your argument so much as it does my feelings for my parents. I'm not fucked in

  100. Re:Privacy? Huh? by that+IT+girl · · Score: 2, Insightful

    We can't really win, though. The current administration is doing the same thing, cutting off freedoms, just doing it in a different way.
    Republicans, Democrats, it doesn't matter, they're all out to fuck us in the ass (just not to make a video of it) and control everyone, with the end result of fueling their own greed.

    --
    10 FILL MUG WITH COFFEE
    20 DRINK COFFEE
    30 GOTO 10
  101. Re:Privacy? Huh? by drinkypoo · · Score: 2, Insightful

    Throughout your little anecdote, there's one thing you neglected to point out: she was a free actor who made her own choices.

    I neglected to point it out because it both goes without saying, and is only part of the story. It's clear that you're an insensitive bastard who has forgotten what peer pressure is like. In this story, numerous persons acted to intentionally deceive the woman in question, and that's what makes you an asshole for your interpretation.

    Does the woman in question share the blame for her situation? Of course. Does that mean it's okay to intentionally coerce her into doing something she doesn't want to do through a combination of false pretenses and other lies? I say no. So does the law. A sufficiently intoxicated person cannot make informed consent... but this woman's spirit is already broken (as her users intended) and there will never be a court case.

    Don't be so fucking intolerant of human error. You will probably fuck up someday. You have almost certainly fucked up repeatedly, and those with compassion for you have helped you out.

    Now she gets to live with the consequences.

    Bullshit. Now we all get to live with the consequences. We're all on this planet together.

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  102. Re:Privacy? Huh? by Anonymous Coward · · Score: 1, Funny

    portrayed women in the most vile and depraved manner imaginable

    Like, in the back of a Volkswagon?

  103. Re:Privacy? Huh? by Spaham · · Score: 1

    luckilly it didn't get raped !

  104. Re:Privacy? Huh? by e9th · · Score: 1

    Um, I was trying to point out that it is no more correct to assume that the feds acted out of religious zealotry than did Frontline. Sorry. I'll be less subtle next time.

  105. In the USA... by Organic+Brain+Damage · · Score: 2, Funny

    killing has always been acceptable, as long as it's done outside our borders (or in slums). And sex has always been highly suspect. This is nothing new. Our tendency toward mass violence is tightly intertwined with our general sexual repression. If we're all just laying about smoking dope and having sex, who will kill our enemies? And you know, we've got a lot of enemies. They hate us for our freedom.

  106. Re:Privacy? Huh? by RedK · · Score: 4, Insightful

    Bullshit. Now we all get to live with the consequences. We're all on this planet together.

    Really ? Because I haven't had any consequences of her drinking and going into porn. That's the point. She made dumb choices, now she lives with the consequences. Legislation should not restrict everyone's freedoms based wrong choices an individual might make that only affects him/her. No where in your story do you attribute any of her downfall to anything but peer pressure. That's too bad for her that she was weak willed and couldn't see what she was getting into until it was too late, and even then, she couldn't get out before it got worse (the modeling with titties should have clued her in if that's not what she wanted to do).

    --
    "Not to mention all the idiots who use words like boxen."
    Anonymous Coward on Monday August 04, @06:49PM
  107. problems by reiisi · · Score: 1

    I'm probably going to burn karma, but I think I'll point something out.

    There is a problem with murder scenes in movies, too.

    --
    Computer memory is just fancy paper, CPUs just fancy pens with fancy erasers; the 'net is just a fancy backyard fence.
  108. Re:Privacy? Huh? by Tolkien · · Score: 1

    +1 Insightful

  109. Porn is obscene only if it has no plot by tepples · · Score: 5, Informative

    I'm sure my imagination is a little better than yours Mary Beth, being that many pornographic movies serve exactly that purpose.. but last I looked that was still protected speech

    The Miller test, established by the Supreme Court in 1973, is that something is obscene if all of the following are true:

    1. It's intended for sexual arousal ("prurient interest").
    2. It depicts sex or disposal of waste in an offensive manner.
    3. It has no serious plot ("literary, artistic, political or scientific value").

    Things like Eyes Wide Shut aren't obscene because they have a plot.

    1. Re:Porn is obscene only if it has no plot by MightyMartian · · Score: 5, Funny

      So if shit eating had taken place while trying to overthrow an evil wizard, it would be okay.

      What a moronic restriction on free speech.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    2. Re:Porn is obscene only if it has no plot by TaoPhoenix · · Score: 2, Interesting

      "In Plain Sight" - a Multipurpose provocative treatment.

      Act 1: China
      Because of the Green Dam rules on new Chinese computers, hackers took to modifying the Green Dam's actual behavior. By using a keyboard remapping system, with patterns known to both sides, key messages were embedded in the grass grazed on by MudHorses.

      Act 2: France
      The French, typically known to resist the strongest forms of opression but struggling recently with rising political forces, worked with the owner of the French version of the Goatse man, which is now the most popular troll when the original Christmas Island copy was retired from full strength. For a fee, revolutionary data will be embedded steganographically into the image.

      Act 3: USA
      Spinning a darker twist on William Gibson, Stretchers are the new data couriers. Using medically safe pouches sewn into their regions, these couriers are outwardly bland, thus to fit the TSA profiles of Safe Citizens.

      With a gripping plot and surprising research, look for In Plain Sight Coming Soon!*

      *Pun Intended.

      --
      My first Journal Entry ever, in 8 years! http://slashdot.org/journal/365947/aphelion-scifi-fantasy-horror-poetry-webzine
    3. Re:Porn is obscene only if it has no plot by defireman · · Score: 1

      I'll rejoice when those guys that made 2 girls one cup go to prison. When will this happen?

    4. Re:Porn is obscene only if it has no plot by Requiem18th · · Score: 1

      What is wrong with it being for sexual arousal and lacking plot? I understand it may be disgusting but if no one was hurt this should be covered by freedom of speech.

      --
      But... the future refused to change.
    5. Re:Porn is obscene only if it has no plot by Bones3D_mac · · Score: 2, Funny

      Hmm... wouldn't this apply to almost everything on YouTube that reaches "viral" status? (Like monkey's casually drinking their own urine fresh from the tap, etc...)

      --


      8==8 Bones 8==8
    6. Re:Porn is obscene only if it has no plot by Tailsfan · · Score: 1

      Yes, we need plot dammit. Or back it up as art. anyway, so with all these rulings, why hasn't anyone taken down 4chan.

    7. Re:Porn is obscene only if it has no plot by lisaparratt · · Score: 1

      They might *like* being hurt.

    8. Re:Porn is obscene only if it has no plot by altinos.com · · Score: 1

      The company that made it is in South America. However, I believe that a lawyer for the group went to prison in Florida because he was associated with the company that made it.

    9. Re:Porn is obscene only if it has no plot by Anonymous Coward · · Score: 0

      So if those two girls (with the one cup) are ever caught, they're going away too? Or, was there a plot involved? Sorry, I just haven't been interested enough to look, but this story raises the question.

    10. Re:Porn is obscene only if it has no plot by Anonymous Coward · · Score: 2, Insightful

      The Miller test, established by the Supreme Court in 1973, is that something is obscene if all of the following are true:

      1. It's intended for sexual arousal ("prurient interest").
      2. It depicts sex or disposal of waste in an offensive manner.
      3. It has no serious plot ("literary, artistic, political or scientific value").

      Things like Eyes Wide Shut aren't obscene because they have a plot.

      Aahhh. So that's why porn movies in the 70's always had really bad attempts at a plot.

    11. Re:Porn is obscene only if it has no plot by Herr+Brush · · Score: 1

      How this isn't +5 Funny is beyond me. Wish I had some mod points...

    12. Re:Porn is obscene only if it has no plot by Requiem18th · · Score: 1

      Walked right into that!

      Noooooo, not that kind of hurt >_!!

      --
      But... the future refused to change.
    13. Re:Porn is obscene only if it has no plot by Anonymous Coward · · Score: 0

      That's ridiculous because what is offensive varies from person to person.

    14. Re:Porn is obscene only if it has no plot by Brigadier · · Score: 2, Insightful

      first of all, all of the above is subjective;
              i.) a homosexual man watching two women have sex will not find it arousing.
              ii.) if the purpose of the movie is to achieve an orgasm is that not a plot, or is it.
              iii.) sex to a nun is offensive period, unless it the couple is married heterosexual, and done with the intension of procreation.

      Would someone please tell me from a legal perspective how this is argued in a court and made to stand ? Fact is we live in (USA) one of the most diverse communities on the planet. How are we to use subjectivity to judge each other. Now on the other side we need laws, and rules to protect said community. I think I speak fo rmost when I say no one wants to raise a family in a would be Sodom and Gomorrah.

    15. Re:Porn is obscene only if it has no plot by caladine · · Score: 1

      Things like Eyes Wide Shut aren't obscene because they have a plot.

      I'm not sure we saw the same movie. :)

    16. Re:Porn is obscene only if it has no plot by couchslug · · Score: 4, Funny

      "So if shit eating had taken place while trying to overthrow an evil wizard, it would be okay."

      Your ideas intrigue me and I would like to subscribe to your newsletter.

      --
      "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
    17. Re:Porn is obscene only if it has no plot by mpe · · Score: 1

      What is wrong with it being for sexual arousal and lacking plot?

      Which is more value than a movie which has no plot and dosn't result in sexual arousal when viewed by anyone remotely "normal"...

      I understand it may be disgusting but if no one was hurt this should be covered by freedom of speech.

      There are plenty of things which evoke disgust which have nothing to do with sex. Ironically plenty of people repressive attitudes (and laws) towards sex to be highly disgusting.

    18. Re:Porn is obscene only if it has no plot by Anonymous Coward · · Score: 0

      How else was Harry Potter supposed to beat Voldemort?

    19. Re:Porn is obscene only if it has no plot by DrLang21 · · Score: 1

      Personally I find people's general repressive attitudes toward sex to be disgusting and offensive.

      --
      I see the glass as full with a FoS of 2.
    20. Re:Porn is obscene only if it has no plot by soren202 · · Score: 1

      I don't think 2 Girls 1 Cup was made to turn people on.

      It's called shock porn for a reason.

    21. Re:Porn is obscene only if it has no plot by Anonymous Coward · · Score: 0

      So if shit eating had taken place while trying to overthrow an evil wizard, it would be okay.

      What a moronic restriction on free speech.

      Yes.
      Search for a movie called Salo.

    22. Re:Porn is obscene only if it has no plot by kayditty · · Score: 0

      apparently not.

  110. Re:Privacy? Huh? by Anonymous Coward · · Score: 0

    ...with a pencil?

    Or, is that too obscene now?
    I'll be here all week.

  111. Re:Privacy? Huh? by Caiwyn · · Score: 1

    I was thinking to myself... why is this any different to any porn site out there? Is porn now prohibited in the US?

    I thought there was child porn or something like that, but, after reading TFA, I can't see a problem at all.

    That's because TFA didn't bother to tell you that the movies involved depictions of statutory and forcible rape. One was about a journalist being gang-raped by Osama bin Laden and henchmen. Another graphically portrayed the rape and murder of a woman by a serial killer. Yet another depicted a 12-year-old girl being molested by an older man, which in some states constitutes child pornography.

    This is shoddy journalism. The article makes it sound like this is just perfectly normal pornography. It is not. These are rape fantasies and snuff films.

  112. Why? by reiisi · · Score: 0

    That is indeed a good question.

    The fact that we giggle and move on indicates that we don't really know how to respond.

    Maybe there's a reason we're uncomfortable, and maybe that reason isn't just that we're not used to it. Maybe we shouldn't get used to the idea that people should make money of video of urinating in someone's mouth, or of drinking body fluid cocktails. Maybe physical intimacy (violent or non-violent) is no longer intimate when it gets plastered all over the screen and people make money off of it.

    Maybe there are better ways of dealing with our personal problems than watching other people fail to deal with theirs.

    --
    Computer memory is just fancy paper, CPUs just fancy pens with fancy erasers; the 'net is just a fancy backyard fence.
    1. Re:Why? by MightyMartian · · Score: 4, Interesting

      I'm of the mind that in a free society, you don't get to decide what other people enjoy, providing whatever they enjoy does not involve minors or other people that cannot provide reasonable consent.

      If these people want to drink bodily fluids, I have no problem with it. It's not my business.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    2. Re:Why? by reiisi · · Score: 0, Flamebait

      Well, freedom is never absolute.

      And, as someone else pointed out elsewhere (and I got modded flamebait for linking to it), we don't know that the production is actually consensual in every case. We do hear about those who supposedly enjoy about it, but we often only hear about those who don't after they commit suicide or OD or end up afraid to leave the house or something.

      --
      Computer memory is just fancy paper, CPUs just fancy pens with fancy erasers; the 'net is just a fancy backyard fence.
    3. Re:Why? by MightyMartian · · Score: 2, Insightful

      You could make that argument about any porn. Heck, you could probably make that argument about child actors too. It's a lame post-hoc attempt to justify an infringement on free speech for which there is no meaningful justification other than "I think it's icky".

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    4. Re:Why? by TheoMurpse · · Score: 1

      I'm of the mind that in a free society, you don't get to decide what other people enjoy, providing whatever they enjoy does not involve minors or other people that cannot provide reasonable consent

      Can you defend why you think it's OK to infringe on the freedom of speech when it affects minors and those who cannot provide effective consent? It sounds like you're cherrypicking, too.

      My point is that everyone cherrypicks. Unrestrained freedom of speech would permit murder and child rape. The founding fathers obviously did not intend this meaning, despite writing that the freedom of speech shall not be infringed.

    5. Re:Why? by MightyMartian · · Score: 1

      No one said unrestrained freedoms. There is no freedom where anyone's actions are unrestrained. Is it a paradox, to a point yes. But saying "I don't think you should be allowed to eat shit on video and then sell that video because it's against community standards" is an absurd limitation. If they want to eat shit and sell it, and if someone wants to buy it, then who the hell are you? No one's making you buy those videos. It's not like those videos are playing on network TV. In fact, you pretty much have to go out of your way to even find those videos.

      You're just being idiotic, and I think you know it. "Community standards" is just a euphamism for widely-held prejudices.

      I wouldn't watch a shit eating video if my life depended on it, but it's none of my business whether you do or not, or whether you decide to make those videos. Why do you care so much about other peoples' business? Are you secretly afraid that you might decide you like to eat shit after watching a shit-eating video? Do you feel some inner weakness here that causes you to respond in this way to the thought of someone profiting from shit-eating videos? Perhaps the problem isn't with the shit-eaters, but with you. If that's the case, see a shrink, and quit harassing the shit-eaters.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    6. Re:Why? by mpe · · Score: 1

      we don't know that the production is actually consensual in every case. We do hear about those who supposedly enjoy about it, but we often only hear about those who don't after they commit suicide or OD or end up afraid to leave the house or something.

      These sorts of things also happen to people involved in other parts of the entertainments industry. Wikipedia lists 249 (regular) actors who have committed suicide, but only 12 porn actors. As well as 98 popular musicians.

    7. Re:Why? by TheoMurpse · · Score: 1

      You're just being idiotic, and I think you know it.

      Well, I was just playing devil's advocate.

      I took a free speech class in law school, and I argued for the most liberating interpretation of the Free Speech Clause. I still came down against true threats as unprotected speech (burning crosses across the street from a black family, making a webpage "KILL THESE PEOPLE" with a list of abortion doctors and their children's schools, etc.), but I did argue that public nudity ought to be protected as expression save for public health concerns.

      I think obscenity ought also to be protected; I never heard a good argument against it in law school that didn't resort to "society shouldn't have to support things it finds morally objectionable," which, as you are aware, is completely antithetical to what the First Amendment is all about.

      Of course, some people think the Free Speech Clause is all about prior restraint and nothing else, but I think that's bunk.

    8. Re:Why? by speedtux · · Score: 1

      We don't know whether the sex you're having with your wife is consensual. Maybe you keep her locked up in the basement and then force her to have sex. Or maybe she was destitute and your marriage was her ticket to a warm meal every day. So, obviously, we should eliminate marriage, right?

    9. Re:Why? by reiisi · · Score: 1

      Yeah, but you're not watching me have sex with my wife.

      (I assume.)

      There are better things to do than watch people have sex, you know.

      Things like living with your sex partner.

      And, if she thought you were her ticket out of poverty or something else bad, treating her as well as you can so she can believe she is free after all.

      So, no, we shouldn't eliminate marriage, neither from society nor from the discussion of morals.

      --
      Computer memory is just fancy paper, CPUs just fancy pens with fancy erasers; the 'net is just a fancy backyard fence.
    10. Re:Why? by jez9999 · · Score: 1

      My point is that everyone cherrypicks. Unrestrained freedom of speech would permit murder and child rape. The founding fathers obviously did not intend this meaning, despite writing that the freedom of speech shall not be infringed.

      No, unrestrained freedom of speech would permit MATERIAL THAT DEPICTED these acts being distributed. I say that's fair enough. Thing is, THE ACTS THEMSELVES would still be illegal. Do you really have such a hard time distinguishing a piece of video and an actual raping of a child?

    11. Re:Why? by TheoMurpse · · Score: 1

      No, unrestrained freedom of speech would permit MATERIAL THAT DEPICTED these acts being distributed.

      I don't understand how a video is speech but the underlying acts are not speech.

      Does a theatrical production not qualify as speech until it is videotaped?

    12. Re:Why? by jez9999 · · Score: 1

      It would qualify as speech, because the actors would be expressing themselves in a nonviolent way. Part of raping a child also probably qualifies as speech, but obviously there's the rather important fact that a large part of it also qualifies as causing all sorts of harm to the child, which is the illegal part.

    13. Re:Why? by TheoMurpse · · Score: 1

      So, in other words, speech is not completely protected because it can do harm; the harmful parts of speech are not protected. Thus, speech is not completely protected by the First Amendment. We have no quarrel.

  113. Re:Privacy? Huh? by Sponge+Bath · · Score: 5, Interesting

    Why are you laughing?

    I know what you are saying, but Bill Hicks did this in some of his material:

    By the way, if anyone here is in advertising or marketing, kill yourself. Thank you, thank you. Just a little thought. I'm just trying to plant seeds. Maybe one day they'll take root. I don't know. You try. You do what you can. Kill yourselves. Seriously though, if you are, do. No really, there's no rationalisation for what you do, and you are Satan's little helpers, OK? Kill yourselves, seriously. You're the ruiner of all things good. Seriously, no, this is not a joke. "There's gonna be a joke coming..." There's no fucking joke coming, you are Satan's spawn, filling the world with bile and garbage, you are fucked and you are fucking us, kill yourselves, it's the only way to save your fucking soul. Kill yourself, kill yourself, kill yourself now. Now, back to the show.

  114. Re:Privacy? Huh? by XnavxeMiyyep · · Score: 1

    Actually, sodomy laws were struck down by the Supreme Court in 2001.

    --
    I put the 't' in electrical engineering.
  115. Re:Privacy? Huh? by jamstar7 · · Score: 5, Insightful

    Seems like an underage girl having sex (raped???) with an older man is potentially evidence of a real crime (sex with a minor is a felony, last time I checked), unless it too was faked. Do people watch fake porn?

    Sure they do. Course, here in the States, you can go to jail for 'possession of kiddie porn' for having copies of certain animes laying around, on the theory that some child somewhere was exploited to make it, even though, as anime, no children whatsoever were involved. Talk about victimless crimes, if no kids are involved, how can it be kiddie porn?

    --
    Understanding the scope of the problem is the first step on the path to true panic.
  116. Re:Privacy? Huh? by networkconsultant · · Score: 1

    California is now the new protestant ministry! Any ankles showing will be beaten to death by an angry mob of Christians. I expect wichburnings will come shortly.

  117. Re:Privacy? Huh? by ddusza · · Score: 0

    See, that's where I think the legal definitions are wrong. I think Janet Jackson's nipple (and pretty much all women's nipples in general) is very decent!

    --
    Don't fear the penguins
  118. Re:Privacy? Huh? by owlstead · · Score: 1

    Why is this flamebait? Is it wrong? I can see an "Inside deep throat" documentary, maybe there's one named "deep throat" as well.

  119. Re:Privacy? Huh? by networkconsultant · · Score: 4, Interesting

    Nixion is no example to live by, the man probably had some form of undiagnosed paranoid schitzophrenia "But the voices told me to bug his home without a warrant really they did!"...

    The issue with "Consentual vs. Non-consensual" is this; Because the drugs are illegal your friend would have come forward and charged said person and people with rape however since she faced jail time her right to justice was revoked under the American war on drugs. Now if the drugs were legal, she could have charged them with rape and conspiricy but that's her business not yours, she choose to hang her head in shame.
    I've been held at knife point because somone I knew thought it might be a good idea to deal, because it was home invasion and this is Canada they went to jail / juvie. But you see my point?

  120. lascivious vs. abusive by reiisi · · Score: 1

    One of the difficulties in dealing with pornography is the ambiguities in the language we use to describe it.

    But, yeah, if I hadn't posted already, I'd have modded you insightful.

    --
    Computer memory is just fancy paper, CPUs just fancy pens with fancy erasers; the 'net is just a fancy backyard fence.
  121. Re:Privacy? Huh? by FromellaSlob · · Score: 1

    Throughout your little anecdote, there's one thing you neglected to point out: she was a free actor who made her own choices.

    I neglected to point it out because it both goes without saying, and is only part of the story.

    Ok...

    Does that mean it's okay to intentionally coerce her into doing something she doesn't want to do

    Make your mind up. Was she a free actor, or was she coerced?

  122. Re:Privacy? Huh? by Meneth · · Score: 2, Informative

    Your lack of empathy for other humans has been noted, meatbag.

    So has yours, meatbag.

    They fed her drugs with the intent to impair her judgement, which is illegal; they obtained bogus consent when she was unable to provide informed consent, which is illegal.

    Try again, son.

    OK, if they commited those crimes, they should be charged for them. Distribution of obscene recordings that were created lawfully should still be legal.

  123. Re:Privacy? Huh? by swb · · Score: 5, Insightful

    That prosecution has to be about the worst use of government funds ever. It makes the Iraq war look like a responsible use of government money.

    Do you think she goes home at night and talks to her family about her tireless sacrifice in the never ending struggle against evildoers?

  124. Re:Privacy? Huh? by L4t3r4lu5 · · Score: 1

    ... And the people laughed. I've seen the whole show.

    All these two did was trivialise an important issue. I know why they did it; It was their most powerful medium to get the message across. The trouble is that everybody just moved on. They saw the show, they laughed, they thought about it for 30 seconds, then they went to the bar to get another beer.

    Great men with a poignant message, but ultimately totally ineffectual.

    --
    Finally had enough. Come see us over at https://soylentnews.org/
  125. Re:Privacy? Huh? by reiisi · · Score: 1

    If it's published, unless it's published privately, it's public.

    Publishing privately generally does not include offering something for sale to basically just anyone who claims to be over 18.

    --
    Computer memory is just fancy paper, CPUs just fancy pens with fancy erasers; the 'net is just a fancy backyard fence.
  126. Re:Privacy? Huh? by greyhueofdoubt · · Score: 4, Informative

    I think he meant, "Inside Deep Throat." (http://en.wikipedia.org/wiki/Inside_Deep_Throat). I've seen it as well; it's not pornographic in and of itself and the subject (since it was a little before my time) cast light onto a secretive aspect of our culture. Porn has a long history in the U.S. and with Deep Throat, porn almost became mainstream (as in, your local theater would play shrek, batman, and "Journey to the center of the Bertha" or something). This documentary covers the rise and fall of the 'actors', the government scandal, and the changes it wrough on the industry.

    -b

    --
    No offense, but I've stopped responding to AC's.
  127. fake porn? by reiisi · · Score: 4, Insightful

    I personally think all porn is fake.

    Faked intimacy, faked excitement, etc.

    --
    Computer memory is just fancy paper, CPUs just fancy pens with fancy erasers; the 'net is just a fancy backyard fence.
    1. Re:fake porn? by Anonymous Coward · · Score: 0

      Home porn videos. ;)

    2. Re:fake porn? by Anonymous Coward · · Score: 0

      actually that is the difference between porn and prostitution that that make porn generally legal and prostitution not. 'actors' are being paid to 'portray' sexual acts not actually perform them. however that is my understanding and i am not a lawyer.

    3. Re:fake porn? by Lije+Baley · · Score: 1

      Considering that most sex is fake, it would follow.

      --
      Strange things are afoot at the Circle-K.
    4. Re:fake porn? by Anonymous Coward · · Score: 0

      fake tan , fake breasts , the list goes on and on

    5. Re:fake porn? by Anonymous Coward · · Score: 0

      All movies are fake. Seriously think about it.

  128. Re:Privacy? Huh? by tmosley · · Score: 1

    Not just porn, but all media is considered obscene by some

    Governance by the lowest common denominator is far more degrading than anything in any of those movies.

  129. not raped? by reiisi · · Score: 0, Flamebait

    Well, we have mention elsewhere here (and not by me) of at least one case where it was rape, even though the "actress" was of age -- deception, and violence. And the "actress" is reportedly _not_ running around making more movies, not feeling like getting out at all, although she is reportedly still breathing.

    --
    Computer memory is just fancy paper, CPUs just fancy pens with fancy erasers; the 'net is just a fancy backyard fence.
    1. Re:not raped? by Dun+Malg · · Score: 1

      No, what we have there is fourth hand hearsay, a friend of a friend of a friend, none of them named, posted anonymously to the internet. Try again, this time with sources.

      --
      If a job's not worth doing, it's not worth doing right.
    2. Re:not raped? by Anonymous Coward · · Score: 0

      That would be "anecdotally" not "reportedly". Absolutely nothing to back it up.

      And a few choice quotes, directly from your "source":

      "Top shelf pussy, just ruined by porn"

      "The Nixon administration even commissioned a report which was TRYING to find a link between consumption of pornography and harmful behavior, and failed."

      "I know NOTHING WHATSOEVER about this particular case"

      "With all that said: To see words from "U.S. Attorney Mary Beth Buchanan" saying that the public needs to be protected from lasciviousness truly makes me sick."

      How does linking to that help your feeble case?

    3. Re:not raped? by reiisi · · Score: 1

      1st, 2nd, 3rd person.

      There is no 4th person, everything neither you nor your interlocutor have direct knowledge of is hearsay.

      That means that pretty much everything on the 'net is hearsay.

      Therefore, even if I were to claim first person knowledge, you have an excuse to ignore what I say.

      Or you could consider the locker-room logic of pornography.

      You have first-hand knowledge. You chose to call it entertaining because the "cool" crowd called it entertaining.

      I choose to call it abusive and leave. I have seen occasions where, had I not intervened, someone would not have been allowed to leave.

      There have been other occasions where I failed to intervene, and the person who was the target was coerced into something they didn't really want to do. And then they were stuck. Do they admit they let themselves be taken advantage of, or do they claim to "enjoy it" after all?

      And that's one question that I don't see treated properly in these discussions -- how many of us do it because someone says it's cool? We know that there will be people who get coerced or fooled into participating.

      How abusive does it have to be before the law has to step in and say, no, cool doesn't cover some things when we know that there will be some participants who get coerced or fooled into participating?

      --
      Computer memory is just fancy paper, CPUs just fancy pens with fancy erasers; the 'net is just a fancy backyard fence.
  130. Illegality by foniksonik · · Score: 1

    Is it illegal to perform the acts, record the performing of the acts or distribute the recorded performance of the acts?

    I'll assume that performing it is not illegal at least in a private environment. These were not public performances (though if they were what might happen?)

    The recording likewise is unlikely to be illegal (excepting recording without permission - inclusive of underage persons - there are no laws covering the recording of anything).

    SO it's really down to the distribution of such things. Where does morality, indecency, depravity, etc. come into the equation when we're discussing a law about distribution. We've already skipped past the parts where the content itself is at question - performance and recording are fine, just don't share it? or is it the money changing hands part?

    If it is distribution, really, the prosecutor should have to prove that society or some individual was harmed by the distribution, in a concrete example. There needs to be a victim. Prove that the people purchasing the videos are going out and re-enacting the scenes with non-consenting persons or that it is influencing them to harm society in some way.

    The length of the sentence underscores these sentiments. A year and 1 day is giving lip service to an overbearing authority figure and yet is still an abuse of the legal system. It's embarrassing really. Hypocrisy at it's finest.

    --
    A fool throws a stone into a well and a thousand sages can not remove it.
    1. Re:Illegality by Jackie_Chan_Fan · · Score: 1

      If it is distribution, really, the prosecutor should have to prove that society or some individual was harmed by the distribution, in a concrete example. There needs to be a victim.

      This is correct and really there is no proof that this harms society. Someone may be turned on by rape play, but we are adults are we not? We know the difference between real violence and fake violence dont we?

      When it comes to video games, politicians seem to think we cant separate fake from real violence. I know we can.

      In the case of videogames, politicians will say "its for the good of our children" (as if children only play videogames). But lets also take this children thing into factor.

      Most parents have children. Which means 2 adults fucked each other to create new life. Now if its a healthy relationship, the parents or guardians will continue to fuck each other while there is a child in the house. When will the politicans start having a problem with that? I mean surely, the child might walk in on mom and dad fucking, or hear them screaming. What if mom loves to be choked and pissed on?

      What if the child walks in on that?! Surely, a cunty politician would demand the child be taken away.

      What is private?

      What is adult?

      What is freedom?

      The silly thing is... these things have already been established, and instead of teaching each other what freedoms really mean.... we instead continue to whittle down the established freedoms until we rid the world of hurt.

      Back to Mom and Dad pissing on each other while Junior is in the next room sleeping...

      Mom and Dad arent dumb. They are adults. So what do they do? They partition their lives. They know there is "for good of the child" and "for our dirty fucking naughty time"

      Adults are capable of having 2 spaces... They're capable of understanding REAL from FAKE violence.... They're capable of being RESPONSIBLE adults while also being deviant fuck bunnies in bed.

      Politicians tend to think its 1 or the other. Its human nature to try to whittle everything down to 1. Thats why we have silly things like "GOD".

      In the case of smoking... I think public smoking does harm to others around you who have no CHOICE in the matter. With PORN... as obscene as it can be, there is a CHOICE there.

      Sure a child could google "tits"... but a child could also walk in on mom and daddy peeing on each other.

      LIFE IS NOT PERFECT. Just let it live.

    2. Re:Illegality by MightyMartian · · Score: 1

      I agree. We should neither desire windows on men's souls, nor desire to peak inside their bedrooms. For all the disgust that this sort of porn produces in me, what I find truly disgusting is that there are people so mentally ill, so disturbed, so incapable of minding their own business, that they decide to take some people to court for making adult movies that in no way harm anyone not consenting to the acts therein. The real sickos are the prosecutors and judges.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
  131. Re:Privacy? Huh? by motek · · Score: 2, Interesting

    You are sooo full of it! Look, I knew a chap once who, driven by peer pressure, shot another person. Would you absolve him from any personal responsibility, too?

    Once you get past your high school morose you will figure out that adults need to stand up to 'peer pressure' from time to time.

    --
    I would like to die like my grandfather did - sleeping. And not screaming in terror, like his passengers.
  132. Re:Privacy? Huh? by XnavxeMiyyep · · Score: 1

    All these doom-and-gloom "what happened to the US" posts ignore that obscenity law used to be much, much stricter.

    Right, but we were hoping that they were gone for good! It's mainly a feeling of "how much progress have we really made if people can still be thrown in a prison cell for hurting people's feelings?"

    --
    I put the 't' in electrical engineering.
  133. Re:Privacy? Huh? by mqduck · · Score: 2, Insightful

    Can we *please* stop with this calling-anybody-who-makes-a-bad-choice "stupid" bit? I'm really getting sick Slashdotters' lack of sympathy and contempt for humanity at large.

    --
    Property is theft.
  134. Re:Privacy? Huh? by reiisi · · Score: 1

    A lot of the porn made in Japan is illegal in Japan, too.

    --
    Computer memory is just fancy paper, CPUs just fancy pens with fancy erasers; the 'net is just a fancy backyard fence.
  135. Re:Privacy? Huh? by RedK · · Score: 4, Insightful

    They fed her drugs with the intent to impair her judgement, which is illegal; they obtained bogus consent when she was unable to provide informed consent, which is illegal. So why is it illegal for me to feed a chick booze until she passes out, then fuck her? Same shit, slightly different setting.

    You're not seeing this right. All these things you say render her consent null and void and thus would mean that she should head to a Police station and file for rape charges. Not some kind of "distribution of obscene" material charges. Do you get it now ? If like you say she was forced into it, by being forced fed drugs and alcool AGAINST her consent, then the movies that were shot are not the crime itself, the rape is. Since you've changed the story around so much since people have started to call you on it (started out as a stereotypical girl from a rural area gets into the city and into porn) I'm inclined to think you're just full of shit and trying to play Devil's advocate here.

    --
    "Not to mention all the idiots who use words like boxen."
    Anonymous Coward on Monday August 04, @06:49PM
  136. Re:Privacy? Huh? by Kell+Bengal · · Score: 5, Funny
    First they came for the porn stars, but I did nothing because I was not a porn star. Then they came for the dirty magazine publishers, but I did nothing because I am not a dirty magazine publisher. Then they came for the pin-up girls, but I did nothing because I am not a pin-up girl.

    And then we had no porn, and no one came for me.

    --
    Scientists point out problems, engineers fix them
    altslashdot.org: The future of slashdot.
  137. This woman is embarassing... by Anonymous Coward · · Score: 0

    As someone who lives in Pennsylvania, I can confirm the fact that the woman who prosecuted this case is an absolute monster.

    http://en.wikipedia.org/wiki/Mary_Beth_Buchanan

    This is a small wikipedia summary, but if you ask around, you will find that this summary is very kind to her, and doesn't list several local controversies that came up.

  138. Re:Privacy? Huh? by FreakyGreenLeaky · · Score: 1

    Don't be a twat. He shared a sad story with noteworthy points. The lady in question could be anyone you know, or will know.

    Sometimes people make bad choices, sometimes others make them for us.

  139. Re:Privacy? Huh? by kromozone · · Score: 1

    Tell me about it. I destroy a few hundred million lives every time I watch porn.

  140. Why "and one day in prison" by Anonymous Coward · · Score: 0

    See, no one care about one year in prison.

  141. Re:Privacy? Huh? by Anonymous Coward · · Score: 0

    The movie was called "Inside Deep Throat" (http://www.imdb.com/title/tt0418753/) which was a documentary from 2005.

  142. Re:Privacy? Huh? by Kell+Bengal · · Score: 1

    Exactly what that means is very subjective, but since almost everyone looks at porn, 'obscene' porn is usually regarded as porn that most people dont look at

    Wait... wait... so what you're saying is that if we get everyone to look at it, it's not obscene anymore? I think I've found a loophole!

    --
    Scientists point out problems, engineers fix them
    altslashdot.org: The future of slashdot.
  143. Re:Privacy? Huh? by Kell+Bengal · · Score: 1

    Sounds like you've met my mother. Her argument against gays is entirely the 'it's not normal!' liturgy. Seems strange, since I've introduced her to friends of mine who are gay but they weren't sufficiently abnormal for her to detect.

    --
    Scientists point out problems, engineers fix them
    altslashdot.org: The future of slashdot.
  144. Wholly crap! by erroneus · · Score: 1

    I find this to be remarkable and unbelievable. I had no idea we had such laws in effect as all sorts of porn if floating freely all over the internet. I would seriously like to see how they define "obscene" as the term itself is VERY subjective.

    This needs some supreme court time. I thought most of this stuff was cleared by by Larry Flynt.

    1. Re:Wholly crap! by tinkerghost · · Score: 1

      This needs some supreme court time.

      It had SC time - the Miller test was the result and the SC rejected the Nitke v Ashcroft argument that the subjective nature of "Community Standard" created sufficient variance as to constitute "Unconstitutionally Vague".

    2. Re:Wholly crap! by Cytotoxic · · Score: 1

      I would seriously like to see how they define "obscene" as the term itself is VERY subjective.

      They define it subjectively, of course. Reasonable jurors applying contemporary standards. All VERY subjective. The supremes have weighed in on this, and this (paraphrased) is the standard they chose.

  145. Re:Privacy? Huh? by Kell+Bengal · · Score: 1

    And even if that's the case, so long as nobody was forced into something, and no minors were actually mollested, what's the problem? Being abnormal isn't inherently bad (hey, geeks aren't normal either folks!). Oh, and 'normal' isn't an immediate stamp of approval, either - I know lots of normal people with serious problems.

    --
    Scientists point out problems, engineers fix them
    altslashdot.org: The future of slashdot.
  146. Re:Privacy? Huh? by NormalVisual · · Score: 1

    And Justice Frank Murphy is a farking idiot.

    --
    Please stand clear of the doors, por favor mantenganse alejado de las puertas
  147. Re:Privacy? Huh? by Anonymous Coward · · Score: 0

    How about introducing fair trade porn to the wider audience? A green cock or pussy on the cover?

  148. Re:Privacy? Huh? by Tybalt_Capulet · · Score: 2, Insightful

    Then they threw out the fourth amendment to prosecute the second.

    --
    Has the old saint in his forest not yet heard of it? That God is dead?
  149. Mary Beth Buchanan by Anonymous Coward · · Score: 0

    I'd like to be protected from people like Mary Beth Buchanan, not "lewd, lascivious or filthy material" -- which uhh can't actually hurt me?

  150. Fantasizing about pedophilia is not illegal by Anonymous Coward · · Score: 1, Insightful

    It is not illegal to fantasize about pedophilia. Nor is it illegal for an adult woman to pretend to be a teenager and role play with her sexual partner. Why, then, is it considered a problem for a porn company to market videos in which adult actors pretend to be underage? How is that any different from any other fantasy porn?

  151. Re:Privacy? Huh? by ShieldW0lf · · Score: 4, Insightful

    Fat lot of good it did. Same with George Carlin. For all of the insight they had, all they did was make people laugh at their own idiocy.

    I wonder why they didn't say, half way through the show "Why are you laughing? What's funny about what I'm saying? Here's a petition stating that we want this shit sorted out. Sign it. It's going in this envelope on stage, and that envelope is going to Congress. I'm tired of this shit, and the fact that you're paying to hear me talk about it means you are too! Do something about it! Put your name down."


    There are millions of angry men out there. These particular ones manage to make you laugh at things, which drains your anger of its potency and makes you accepting, and thus makes apathetic about what you were angry about. They made nihilism seem like it really wasn't so bad even as they shoved it in your face.

    Because these particular men had that particular quality, they were given a voice that can reach billions where others were not given such a voice.

    Does that answer your question?

    --
    -1 Uncomfortable Truth
  152. so, what you're saying, by reiisi · · Score: 1

    there's no difference between being invited to think while you're being turned on and being invited to not think while you're being turned on?

    --
    Computer memory is just fancy paper, CPUs just fancy pens with fancy erasers; the 'net is just a fancy backyard fence.
  153. Re:Privacy? Huh? by oldhack · · Score: 2, Insightful

    There you go again, the legal industry in their bizarro universe. Calling something from "erotic" to "obscene" makes all the difference. "Legal logic" makes "Creation science" look bad.

    --
    Fuck systemd. Fuck Redhat. Fuck Soylent, too. Wait, scratch the last one.
  154. 2g1c is not a U.S. film by tepples · · Score: 1

    I'll rejoice when those guys that made 2 girls one cup go to prison. When will this happen?

    Hungry Bitches (MFX 1209), whose trailer achieved notoriety under the name "2 Girls 1 Cup", was produced by MFX Media, which isn't a U.S. company. Are you referring to law in the country where it was made or to law affecting only the U.S distributor of this film?

  155. Re:Privacy? Huh? by LeneJ · · Score: 1

    The problem with this company isn't just porn. They actually took it to extreme. In one of their films, one of the actresses were forced to have anal sex with 10 men. She had agreed to three, but after hours of it, she was told she had to do 7 more. She broke down on set. Other films have had women performing felatio while being hit in the face and humiliated, and many even threw up. Other films again had women drink vomit and other bodily fluids. This is some sick stuff!

    I don't think it's the sex part they were taken in for, but the repugnant degradation of a human being. I don't care if these were women, had they been men, I would have reacted the same way. Initially, like most people reading this story, I reacted with "Wow, free speech and all," but after some research (I read the article and followed a link to Wikipedia), I realised that the verdict was probably correct.

    I have ALWAYS wondered why the American society has been so accepting to violence, but not to sex. I'm European, and always thought it was a bit funny that you easily could depict murder on TV, but a nipple is enough to get everybody's panties in a twist. But I must say, these two people were into some sick stuff, and from what I read about them, there weren't always _consenting_ adults around... Sick, sick, sick.

    --
    Un paio di scarpe, per favore!
  156. Re:Privacy? Huh? by tygerstripes · · Score: 1

    Hear hear. I agree with you, 100%. This is a tragic anecdote and I deplore the behaviour of those who coerced the girl.

    I think it's worth highlighting Hicks' caveat, though:

    - as long as I do not harm another human being on this planet.

    Clearly this girl was harmed by the event. The thing is, what happened to her was not really illegal; just highly immoral. The system has failed her, and will always fail someone if this trend continues, and a reactionary like this Senator will never really understand why.

    Legislating against acts which some people find offensive (though not harmful to others) on the grounds that they are thus immoral is frankly disgusting, when the definition of morality revolves principally around the impact of our actions on the lives of others.

    Detractors are often given to stating that such acts (and their portrayal) are harmful to society in general as they cause moral decay and encourage degradation among the impressionable, but I have a couple of strong objections to that position.

    1. There has been no independent research, with clear results, that implicates the existence of such material or the legal permission of such acts (providing they are not harmful to others) in increasing incidence of sexual crimes, and
    2. These regulatory attempts always revolve around the black-and-white, absolute morality of an act, with little consideration of context, intent or impact.

    I think this last point is particularly important in the light of the quote I mentioned. The law is there for protection, to prevent people from doing harm to others and thus maintain equality and order. However, an act can be harmful to one person in one circumstance, and harmless to another in a different situation. This is why children are particularly protected by law - sexual contact is much more likely to cause emotional damage, and they are not considered mature enough to make rational decisions regarding their own welfare.

    If that is the purpose of the law, then applying broad-brush bans to prevent fringe cases is a massive imposition on liberty, a fruitful source of repression, and potentially criminalises many people who are acting with appropriate care and consideration for the rights and liberties of others. Isn't that harmful to society?

    What is needed is a human, qualitative approach to legal decisions. Until it can be significantly, substantially demonstrated that this sort of material has a net harmful impact on society, legislating against it is, frankly, fascistic and reactionary. "Innocent until proven guilty" is cold comfort when the laws are so absolute and inflexible as to make criminals of considerate people engaging in a harmless act.

    To bring it back to your anecdote: even a fresh interpretation of the law in light of this new judgement would not have served to protect this poor girl. The law, in criminalising the act rather than the intent, has been made very easy to interpret, but unfortunately it does not protect the vulnerable, and so it fails in its main duty while simultaneously imposing on the rights of those who would never dream of abusing her in such a way.

    --
    Meta will eat itself
  157. Re:The Brits had sense enough to run the Puritans by Anonymous Coward · · Score: 0

    That's not really fair, the Puritans no longer have any real influence in the United States. If you trace the Puritan church, you'll discover that the Puritans now belong to a group called the "United Church of Christ" which President Barrack Obama was a member of for twenty years.

    Oh, fuck.

  158. Simulated rape is common role playing by betterunixthanunix · · Score: 1

    I know people who sometimes engage in that. Some people enjoy that sort of thing. As long as they are not going out and actually raping people, it is really not a problem. Are we now going to declare it to be illegal to role play certain sexual acts? Bestiality is also illegal, but there are plenty of people who engage in "pony play" -- is that going to be made illegal in porn as well?

    Before you go ahead and note that nobody is trying to invade the bedroom here...keep in mind that these pornos were not being publicly displayed. They were privately distributed to private households for personal, private use.

    --
    Palm trees and 8
  159. Re:Privacy? Huh? by ultranova · · Score: 0, Offtopic

    It's protected by the US Constitution, which is "just a goddamn piece of paper", to quote your ex-president. It's opposed by lots of people for various different reasons (which I suspect have more to do with getting people used to laws having exceptions of the "unless I decide otherwise" -variety than morality, but that's obviously just me being paranoid). And old pieces of paper don't really make much of an armor.

    Or, as another fine leader once put it: "Those who cast the votes decide nothing. Those who count the votes decide everything."

    --

    Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

  160. that explains a lot of harry potter by Anonymous Coward · · Score: 0

    there was always soemthing funny about that last name.

  161. Re:Privacy? Huh? by Bones3D_mac · · Score: 1

    Since the summary didnt tell it: "Extreme Associates produced and distributed sexually degrading material that portrayed women in the most vile and depraved manner imaginable," U.S. Attorney Mary Beth Buchanan, of the Western District of Pennsylvania, said in a statement.

    Obviously, this guy has never been to Japan. If this applies to non-real depictions of such situations, then I know a guy who has some "splainin' to do". Just check out this stash!

    --


    8==8 Bones 8==8
  162. Re:Privacy? Huh? by Anonymous Coward · · Score: 0

    I don't know if you noticed, but rape is illegal. There's also the question of if she consented to the release of the video.

    As for degradation. What do you say to, well.. any of the Abrahamic holy books? Are they not degrading to women? And who do you delegate the job of censoring this kind of thing? Who would you trust with that duty? And where does it end?

  163. Re:Privacy? Huh? by Like2Byte · · Score: 1

    That's too bad for her that she was weak willed and couldn't see what she was getting into until it was too late, and even then, she couldn't get out before it got worse (the modeling with titties should have clued her in if that's not what she wanted to do).

    I don't know one iota more about this girl's plight than the rest of us readers and I'm not defending her actions. However, did it cross anyone's mind that she might have been very scared and acted out the wishes of her captors for fear of her own safety?

    That being said, it makes me sick that there are people like that out there taking advantage of someone else because they 'have power' over them.

  164. Re:Privacy? Huh? by LordKazan · · Score: 1

    About drugs, about alcohol, about pornography and smoking

    One of these is not like the others, one of these does not belong.

    --
    If you cannot keep politics out of your moderation remove yourself from the Mod Lottery.. NOW!
  165. Mary Beth Buchanan is a bitch by hamburgler007 · · Score: 3, Informative

    This is the same bitch prosecutor who tried to convict a doctor for prescribing pain medication. She is a holdover from the previous administration who has refused to step down. There is word she is on the way out though, and not soon enough imo.

  166. Re:Privacy? Huh? by Anonymous Coward · · Score: 0

    News flash: People do stuff, stuff has consequences. That's kinda the reasoning behind the existance of jail. She made a decision, she deals with the consequences. Doesn't like her choice? Tough, either live with it or learn to travel through time into the past.

    And in regards to your comments stating "most porn degrading women IS degrading to women" appears to be based off of a single case file. I hardly consider a single incident to be 'most'.

  167. Re:Privacy? Huh? by LordKazan · · Score: 1

    It's clear that you're an insensitive bastard who has forgotten what peer pressure is like.

    Or like a lot of us he's not a weak minded sheep unable to resist negative peer pressure.

    It's her fault, don't blame it on anyone or anything but HER OWN DAMN FAULT.

    --
    If you cannot keep politics out of your moderation remove yourself from the Mod Lottery.. NOW!
  168. Re:Privacy? Huh? by Anonymous Coward · · Score: 0

    The goat with the buttered rectum might want to have a say in it....

  169. Re:Privacy? Huh? by neosake · · Score: 1

    Top shelf pussy, just ruined by porn.

    No, she was ruined by her own stupidity. [snip]: she was a free actor who made her own choices.

    One has to ask what sort of valid conscious choices can be made while under the influence of drugs and alcohol - and I imagine taking said drugs is not necessarily consentual (something slipped in her drink, etc)

    --
    "When a ball dreams, it dreams it's a frisbee"
  170. Re:Privacy? Huh? by Anonymous Coward · · Score: 1, Insightful

    The 1st amendment might have had a chance if it had been armed ;)

  171. Re:Privacy? Huh? by LordKazan · · Score: 4, Insightful

    Lack of empathy has nothing to do with this. We can think it's sad and pity her, but that doesn't mean we're going to tolerate her poor choices being used as an excuse to foist laws and regulations on us.

    It was HER POOR CHOICE, IT DOESN'T EFFECT US.

    Even if we feel sorry for her.

    STFU or learn to not argumentum ad hominem

    --
    If you cannot keep politics out of your moderation remove yourself from the Mod Lottery.. NOW!
  172. Re:Privacy? Huh? by LordKazan · · Score: 4, Insightful

    you can call someone an idiot and be sympathetic at the same time

    "That was REALLY fucking moronic bro, let me take you to the hospital to get that broken arm taken care of"

    --
    If you cannot keep politics out of your moderation remove yourself from the Mod Lottery.. NOW!
  173. Re:Privacy? Huh? by Anonymous Coward · · Score: 0

    Bullshit. Now we all get to live with the consequences. We're all on this planet together.

    Really ? Because I haven't had any consequences of her drinking and going into porn.

    I had the consequence of an erection. Does that count?

  174. Re:Privacy? Huh? by tenco · · Score: 4, Interesting

    Great men with a poignant message, but ultimately totally ineffectual.

    I wouldn't say so. They implanted critical thoughts into peoples minds and connected them to their pleasure centers. I think that's more powerful than signing a petition or going to a political rally. Next time something happens which is in some way connected to that thought, it will pop up again in these peoples minds and will have a major influence on their opinion.

  175. Re:Privacy? Huh? by JCZwart · · Score: 1

    Legislation should not restrict everyone's freedoms based wrong choices an individual might make that only affects him/her.

    That wasn't really the point of the guys anecdote, now was it? Nice job skewing the perspective here.

    No where in your story do you attribute any of her downfall to anything but peer pressure. That's too bad for her that she was weak willed and couldn't see what she was getting into until it was too late, and even then, she couldn't get out before it got worse (the modeling with titties should have clued her in if that's not what she wanted to do).

    A typical reaction of someone who doesn't know what they're talking about. I know of an ugly example myself of a person being very unable to handle peer pressure. And pressure from a loved one can be very hard to deal with. This form of peer pressure easily leads to abuse - oh yes, and it's all legal, because the ill-treated one didn't complain!

    Don't underestimate this kind of peer pressure play. Be glad you've never experienced things like this in your own life. Or seen things like this happen in the lives of people you care about. Oh, and a little compassion with people failing the Strong Will test wouldn't do harm, either. Most of us make bad decisions during some time in life, and only some of us get to suffer the consequences. Doesn't make them complete morons, you know.

  176. That's just sad... by Bones3D_mac · · Score: 1

    There really isn't much on this list that hasn't been seen elsewhere before. This is basically just a list to scare the straights on the jury... triggering the "not in my back yard!" reaction from folks too afraid to have sex on anything other than the socially pre-designated Hallmark holidays.

    --


    8==8 Bones 8==8
  177. Re:Privacy? Huh? by shadowofwind · · Score: 2, Interesting

    So why is it illegal for me to feed a chick booze until she passes out, then fuck her? Same shit, slightly different setting.

    I think that hits the nail on the head. People do want to justify doing that, or similar. Some of their arguments are right, and some are bogus, but it often comes down to justifying their own desires. I think most of the people who sarcastically say "think of the children" actually don't give a rip about the children, even though many of their points and criticisms are valid. They argue with misdirection and half-truths.

    Same thing with greed. Most upper-middle-class people think it should be illegal to break into people's houses and take their stuff, and they make rational arguments supporting their position. But when it comes to effectively stealing from other people by abuse of economic power, such as through actions that support market and currency manipulations, they have all kinds of fancy ways of justifying it and denying what they are doing.

    I have no opinion about whether this particular ruling was good or bad, because I haven't dug into it deep enough, and slashdot summaries are almost always misleading. (What's up with that?) And I think porn should be legal. But its ridiculous for people to pretend that what they look at doesn't affect them. Watching a foolish drug user get fucked does hurt you, whether you understand it or not.

  178. Dude! Spoiler alert?!?! by Anonymous Coward · · Score: 0

    So if shit eating had taken place while trying to overthrow an evil wizard, it would be okay.

    Come on, man. Not everyone got to see a sneak preview of Harry Potter 6.

    Really sad the things Daniel Radcliffe will do for a paycheck.

  179. Re:Privacy? Huh? by Tanktalus · · Score: 2, Insightful

    With idiots like you running around telling her what to do, and that she was a willing actor in the play, she probably feels like shit for "allowing herself" to get involved in this in the first place, and is too embarrassed to report it. Then again, that's the reason why so many rapes go unreported in the first place. Show some damned compassion already.

    The OP's main points seems to be that the money involved in porn is just too much to keep producers honest. And they ruin lives to get it. There is no doubt, as far as I can tell, that real child porn victimises children. Here the point is that often, though not always, regular porn victimises women. (Then there are those who take a further extreme view, like the Catholic Church claiming that it also victimises the viewer, and those that may be married to a viewer of porn, but I don't see that gaining much traction here.) It's something that many people - mostly producers and viewers (and, oddly, some feminists) - want to sweep under the rug. We can't let it be swept out of sight if we want a rational, complete conversation on the topic. There is a human cost here, and too many people want to ignore it.

  180. Hahaha != boioioing; scientific value by tepples · · Score: 1

    wouldn't this apply to almost everything on YouTube that reaches "viral" status? (Like monkey's casually drinking their own urine fresh from the tap, etc...)

    Most of the "viral" stuff appeals to the comedic interest if anything, not the prurient interest. In addition, there's a bit of a scientific connotation around documenting the behavior of animals in captivity other than hominids.

  181. Re:Privacy? Huh? by phil+reed · · Score: 2, Interesting

    Sorry, but it's at the fringes where issues like this are decided. There's not a lot of effort directed at shutting down non-controversial speech, so it doesn't need a lot of direct effort to defend.

    --

    ...phil
    "For a list of the ways which technology has failed to improve our quality of life, press 3."
  182. Re:Privacy? Huh? by cecille · · Score: 4, Insightful

    I totally disagree. If you only stand up for free speech when people are saying things you like or have righteous causes then you don't really believe in free speech. You believe in SOME free speech, which is really not free speech at all.

    --
    ...no two people are not on fire.
  183. Then buy Max Hardcore for your kids by Anonymous Coward · · Score: 0

    >Carlin had it right: I'd rather my kids saw images of two people making love than of two people killing each other.

    There is a difference between being a 10 yr old who is sneaking a peek at Emmanuelle playing on TV and getting introduced to sex by watching Max Hardcore.

    I was brought up in a place where Showgirls and Striptease plays at 19h00 on a weekend on regular TV, where nudity on TV series is considered mandatory as well we vacationing in Spain every 2 years. It didnt warp me.

    Im not sure having a guy piss in a woman's orifice would have been the same thing but if you think it does, then by all means share with your kids.

  184. Re:Privacy? Huh? by Artifakt · · Score: 1

    The material found obscene:

    Forced Entry: The film depicts the beating, rape and murder of women by a serial killer, who is eventually killed by a mob of vigilantes.

    So no, it wasn't the titties, and there were problems with killing people in movies. The court did exactly what you were complaining it didn't do.

    (And I deserve your five +1 informatives, not that I'm going to get them on slashdot).

    --
    Who is John Cabal?
  185. Re:Privacy? Huh? by Abcd1234 · · Score: 5, Insightful

    We can't let it be swept out of sight if we want a rational, complete conversation on the topic. There is a human cost here, and too many people want to ignore it.

    Agreed. But it has nothing to do with porn and, as you've already pointed out, everything to do with money and the semi-underground nature of the industry. The simple fact is that if you stigmatize the industry, all you do is push it *further* underground, which is precisely the opposite of what you should be trying to do if your goal is to protect those who participate in the industry.

    Look, it's simple: porn exists, has always existed, and always will exist. So you have a choice. You can stigmatize it and push it underground, or you can work to increase societal acceptance and bring it out into the light of day. I prefer the latter approach. Then, if a women is victimized, she can feel free to go to law enforcement and demand justice. Meanwhile, the state can work to regulate the industry more effectively so that these sorts of things don't happen in the first place.

    As an aside, I also hold the same beliefs regarding the sex and drug trades. Here, like the more extreme forms of pornography, you have free actors participating in victimless crimes, activities that are driven underground thanks to a society that stigmatizes those that choose to participate. And because they're driven underground, they can no longer be effectively policed and regulated. So, once again, there's two choices: stronger laws and stronger law enforcement, thus pushing these activities further and further underground, or a move toward normalization. I favour the latter, as I believe it would result in reduced crime and better protection for those involved.

  186. Re:Privacy? Huh? by sopssa · · Score: 1

    I just pointed it out in a more clear way. Killing people in hollywood movie and tv shows is all okay, and noone complaints about it. You wouldn't ever think that someone might be going into jail because of it. Rape and other such is okay in hollywood movies aswell. Now you just see the genitals aswell, but its still acted and simulated. What makes it different?

  187. Re:Privacy? Huh? by audubon · · Score: 1

    It's protected by the US Constitution, which is "just a goddamn piece of paper", to quote your ex-president.

    There's no evidence that any US president ever made that statement. Check your facts.

  188. Re:Privacy? Huh? by Gulthek · · Score: 1

    Spot on sir. Simply spot on. I could not have argued it better, or even as well, myself.

  189. This is about a specific kind of porn by 192939495969798999 · · Score: 1

    The vast majority of porn distribution on the Internet behaves by the "unspoken rules" about what's ok and what's not ok to show. Long story short, you can't show a porn that implies one or more participants may not have given consent, i.e. it can't be a shot of sex with either party tied up. If you see something like this, watch the camera work and you'll notice that they don't actually show sex and bondage at the same time. If they do... that's what gets busted. So besides real bestiality, incest, or anything that could be characterized as nonconsensual, pretty much anything else goes.

    --
    stuff |
  190. Re:Privacy? Huh? by Tanktalus · · Score: 1

    Rape isn't legal. And yet, we have problems getting women to report it. Colour me skeptical.

  191. Re:Privacy? Huh? by mattwarden · · Score: 1

    People do stupid things, and there are consequences. I know plenty of people who paid $50 for a tattoo and years later wish they had never done it, and now it will cost them $7,000 to take it off. Should we outlaw tattoos?

    Seriously, your entire anecdote completely misses the point. Here you have willing people engaging in pornography. You also have willing people paying these willing people money in order to have a copy of this pornography. Then the government steps in and throws the producers in the slammer.

    What?

    Your argument is basically that stupid people sometimes willingly and freely decide to do things they don't really want to do. If there is no force, that isn't possible. What you are saying is really a euphemism for people not fully considering the potential consequences of their actions before they do them, and then regretting the actions after they see the full consequences. It is not government's job to protect us from this. Indeed, they can't, without outlawing everything.

    Every time the government engages in "protecting" a few stupid people from being stupid, it tramples on the freedom of the majority of us.

  192. Re:Privacy? Huh? by Abcd1234 · · Score: 1

    Rape isn't legal. And yet, we have problems getting women to report it. Colour me skeptical.

    Skeptical of what? That pushing the industry further underground will simply exacerbate that problem? Seems like a no-brainer to me...

  193. Re:Privacy? Huh? by Dun+Malg · · Score: 5, Insightful

    I'm all for standing up for free speech and freedom in general but this is not the fight you should take it to. Don't defend some fucked up porn stars for their 'freedom of speech'. If there is a case where free speech really matters, stand up for it then and there.

    You don't wait until they come after something you care about. You defend all speech, even if you find it disagreeable. If you sit around and say "it's OK to throw the pornographers in jail, or break up the Illinois Nazis when they try to parade" you leave them too much weasel room. The government must be held to a standard that allows only such specific bans on speech as the classic "fire in a crowded theater". Once you grant them leave to start judging free vs prohibited based on notions like "decency", they'll go all over the fucking place with it.

    --
    If a job's not worth doing, it's not worth doing right.
  194. Re:Privacy? Huh? by inKubus · · Score: 1
    --
    Cool! Amazing Toys.
  195. Re:Privacy? Huh? by Jeremy+Erwin · · Score: 2, Informative

    From Wikipedia

    Extreme Teen 24: contains a scene of a naive supposed young girl being talked into having sex by an older man. The actress involved was over 18, however dressed and acted like a young girl.
    Cocktails 2: various scenes of women drinking vomit, saliva and other bodily fluids. It was the director's cut version of the film that was cited in the case.
    Ass Clowns 3: a female journalist is being raped by a gang led by Osama bin Laden; the journalist is freed and the gang members killed. The director's cut version also contains a scene where Jesus steps off the cross and has sex with an angel.
    1001 Ways to Eat My Jizz:
    Forced Entry: The film depicts the beating, rape and murder of women by a serial killer, who is eventually killed by a mob of vigilantes. There are three scenes which graphically portray rape and murder, and women are also spat on. Extreme's website called it their "most controversial movie" and "a stunningly disturbing look at a serial killer, satanic rituals, and the depths of human depravity." Forced Entry was directed by Lizzy Borden and released in 2002. Again it was the director's cut version of the film that was cited in the case.

    Sounds like it doesn't appeal to my prurient interests. But a porn distributor with only four titles isn't much of a distributor, and the imprisonment, forfeiture, and all that other nonsense will surely affect distribution of other, non-"obscene" titles that might well appeal to someone.

  196. Re:Privacy? Huh? by Jackie_Chan_Fan · · Score: 4, Insightful

    "Extreme Associates produced and distributed sexually degrading material that portrayed women in the most vile and depraved manner imaginable,"

    Shouldn't there be a "CONSENTING WOMEN" in there somewhere?

    Whats wrong with sexually degrading material? Whats wrong with OBSCENE material?

    Some women like to be degraded. Hell most of them like when a men takes charge and tells them what to do in bed. Some women like to dominate men. IS that ok? What the fuck does it matter?

    I fucking hate this shit land of oppressive laws known as America. Why is it that my "FREE" country continues to fail its own test at ever fucking opportunity. America is dead.

    You know what truly is obscene? THE EVENING NEWS. That is obscene. Its not even news. Its not even real. Its complete bullshit designed to distract you with entertainment while the criminal politicians and corporations run away with murder living off the wealth of this country.

    This country is a fucking vampire draining itself financially and ethically and dracula is telling you it will all be ok... just sit back and take it.

    The war in iraq is fucking obscene. The politicians are obscene! The state of health care is obscene!

    Reboot America please.

  197. Re:Privacy? Huh? by Artifakt · · Score: 3, Interesting

    You really did stick up for criminals and rapists, repeatedly. It took a lot of detailed explanation before you finally got that you were sticking up for criminals and rapists, in fact I don't think you really get it even now. Even when you finally admit some validity for the other guy's point, you're still throwing back terms like meatbag. You earned it, the person you're throwing it back at didn't. You're being just as bad as those ignorant people on juries who bought the "She was asking for it by the way she was dressed" argument.
        I hope I still have some empathy for you. I won't call you names, and I hope you get empathy as painlessly as possible. Here's a hint though. When you really get that you really did all the things people are accusing you of, it's time to get a little humility and figure out how to appologise in a way that proves you learned something, not throw insults back. The insult just says you don't really think you were wrong at all.

    --
    Who is John Cabal?
  198. Re:Privacy? Huh? by Anonymous Coward · · Score: 0

    If it wasn't consensual, then the sex was rape and should be reported. If she doesn't report, how does she have anyone but herself to blame? Stop being a coward. Grow up and report the horrible things that was done to her. Yeah it's tough, so's life.

    If she took the drugs willingly and consented to the sex, tough shit for her, don't be stupid next time.

    Everyone should know the consequences of drugs and alcohol at this point. If you don't like the idea of being easily suggestible maybe you shouldn't consume them?

  199. Re:Privacy? Huh? by ortholattice · · Score: 1

    She then wound up having violent sex she wasn't at all in to,

    I don't know what "wasn't at all in to" means here. I've done lots of things (admittedly of a much milder nature) that I "wasn't at all in to", because it was part of my job. The question is, was she coerced against her will, e.g. raped? If so, she should have involved law-inforcement immediately after the crime occurred. But I would guess that she agreed to do these things because she wanted the money. Especially if she continued to do them.

    then the tape got sold out of gas stations everywhere,

    "gas stations everywhere"?? I wonder how much of this you're making up.

    and she couldn't show here face in her home town,

    "Couldn't show her face in her home town"? Sure there going to be prudes who will ostracize her, but if her home town is so backwards that they're going to lynch her for it, she should get out.

    now she's some kind of shut-in.

    I just don't believe that unless that's her own choice. Or maybe she needs psychiatric help. If everyone is snubbing her in her home town - unlikely, but possible I suppose - she should get out. In a big city, employers and people in general don't care that much about her past, assuming she has no criminal record, if she demonstrates her value in the present. (Certainly in the case of countless celebrities, such a sleazy kind of past seems only to enhance their fame.)

    Sorry, the BS meter on your story is pointing way up there.

  200. Is that you...? by Anonymous Coward · · Score: 0

    Han Solo?

  201. Re:Privacy? Huh? by Anonymous Coward · · Score: 0

    First they came for the vilest of degrading pornographers, Then they came for the goatse.cx trolls... Oooh, shiny!

  202. SAW and KINK.COM by Anonymous Coward · · Score: 0

    I was thinking of Saw the whole time. I'm surprised it took so long for Saw to be brought up. That was the first thing that came to my mind as I started reading about this. It is such a double standard.

    Another thing I was thinking of is http://kink.com/
    This site started up a few years ago. Peter Acworth was going to get a PHD in finances from Columbia University, but he dropped out of grad school. He wanted to get into the online porn industry so he bought the State Armory and Arsenal building in San Francisco which was last used by the military in the 1970s. It is a huge dungeon like building. Peter uses this building to make online fetish porn films (S & M) for websites that are linked to kink.com. There are 60,000 suscbribers that are paying $30 a month for this service. Many of the films show depicted rape, and other extreme things that I'm sure would be seen in this movie that we have been discussing.

    I am all about free speech as well. I wouldn't watch these films myself, but people should have the freedom to produce and purchase such material.

    1. Re:SAW and KINK.COM by Jackie_Chan_Fan · · Score: 1

      Be careful pointing out the double standard because the powers that be will simply put an end to films like SAW rather than realize the hypocrisy of their holy war.

      When have you EVER heard of the people voting back the strip clubs into a neighborhood?

      Those who have power will use it to destroy our country for personal gain and they will succeed.

      Soon films like SAW will be banned as well. Just wait.

  203. Re:Privacy? Huh? by Anonymous Coward · · Score: 0

    I may not agree with you stretching an actress's anus or vagina with a speculum, and then urinating into it, after which the actress sucks the urine out through a hose, but I will defend with my life your right to do it!!

  204. Re:Privacy? Huh? by Jackie_Chan_Fan · · Score: 1

    I miss Bill Hicks.

    If cancer hadnt killed him, America would have.

    In a way i'm glad cancer got him first. This is just fucking sad.

    We have succeeded in failing to live up to our "American" ideals and should rid ourselves of the planet as a favor to those who are intelligent to handle mature adult life.

    If my chick wants me to piss in her mouth and shit in her cunt... Its our business. I'll extend the same courtesy to Michelle and Barrak Obama, the Clintons, the bushes... etc. Whatever the fuck they do in their fuck games... is they're business.

    Im tired of people losing their jobs and lives over "obscenity". Thats not America. That is not what FREEDOM means.

  205. Re:Privacy? Huh? by Anonymous Coward · · Score: 0

    yeah against her consent my ass.
    that may be what she is SAYING, but dumb people rarely admit to their own irresponsibility, especially if its incredibly embarassing.

    And besides, if any of that were true, then the crime isn't the movie, the crime is unlawfully holding a person, and whatever else OTHER people did to her, no?

    What I want to know is why no one ever stands up for the degradation of janitors. Ever had to clean up someone else's shit, when they thought it would be funny to take a dump on the rim then squish the seat down on it? How about other people's puke mixed with unflushed toilet remnants, etc? People have to clean that up and Im sure its against their preferences too, and "degrading", but they feel coerced into it to keep their job... no? What's the difference? Oh, some bare skin... OOOoOOo

  206. ftfy by Anonymous Coward · · Score: 0

    First they came for the porn stars, but I did nothing because I was not a porn star. Then they came for the dirty magazine publishers, but I did nothing because I am not a dirty magazine publisher. Then they came for the pin-up girls, but I did nothing because I am not a pin-up girl. And then we had no porn, and then I didn't come any more.

    1. Re:ftfy by xouumalperxe · · Score: 1

      Nah, the OP is sad he doesn't get any Creampie/Cumshot pics anymore.

  207. Re:Privacy? Huh? by Anonymous Coward · · Score: 0

    Just like that 13yo girl made the choice to talk to a guy on myspace? But remember that guy turned out to be a 50yo woman who was the queen bitch mother of a princess bitch daughter. Remember how that case turned out? They tricked her into committing suicide. So, was she stupid? Or are there really evil bastards in life that will stop at nothing to coerce another human into doing their bidding?

    All I'm saying is that at least no one died in this porn case, but that you should be a tad more sensitive to the reality that there ARE slick shit con artists that WILL convince people to do things they don't WANT to do. I think it has less to do with people being stupid and more to do with evil bastards taking advantage of people with lesser intellect.

  208. Re:Privacy? Huh? by Djupblue · · Score: 5, Insightful

    You are referring to an adult woman making her own decisions as "Top shelf pussy, just ruined by porn.".
    AND THEN you go on arguing about how porn is degrading towards women? Mind bending!

    Do you also refer to your mother as Top Shelf Pussy or does she not live up to that quality standard?

    I would like to propose that it is not porn or sexist commercials that degrades women. It is our (both mens and womens) attitudes that does. You just gave us a great illustration of this. Women are not body part nor decorations.

  209. Re:Privacy? Huh? by Jackie_Chan_Fan · · Score: 1

    Yes there are laws in this country. Apparently its illegal to film porn in any state except California.

    Its illegal in NY etc.

    This country is fucking dumb. In some states its still illegal to fuck a girl in the ass or eat cum. Lets send the police out to enforce these laws immediately and lets start seeing what America REALLY is about.

  210. Re:Privacy? Huh? by Artifakt · · Score: 3, Insightful

          You do know that the law lets us charge the shooter, and then charge the people who pressured him to do it too? I mean that's basic to English and American common law, and if you're arguing that standard law somehow isn't treating personal responsibility properly, I've got to ask just what you want to substitute. In court, the 'coerced into porn' cases usually involve assigning personal responsibility to everyone, and it's quite possible for a jury to hold the young woman responsible for her own decisions, and the film producers for theirs, at the same time.

          You might also want to be careful about the 'so full of it's and 'high school's. You're in the extreme minority position if you want to argue that personal responsibility overrides all related common law. When you're defending an unusual or unpopular viewpoint, with possibly extreme consequences, is no time to descend to personal attacks.

    --
    Who is John Cabal?
  211. Re:Privacy? Huh? by Jeremy+Erwin · · Score: 1

    Wow.. just Wow. What the fuck has happened to the US? What happened to free speech? Wasn't all this shit worked out in the 70s? Why the hell was the unconstitutional finding to do with privacy and not freedom of speech?

    Privacy is a bit of a catch all doctrine-- the government has no business interfering in our personal and private lives, absent a compelling concrete interest. Hence, birth Control, abortion, various sexual positions, private schools, and so on are all protected from government meddling. While it's possible to read erotica for intellectual stimulation, most people "use porn" (to quote Coupling) for stimulation of a different kind. A 14th amendment argument asks why the government is even involved in regulating porn, while a 1st amendment argument attempts to justify the porn as substantive speech. A bit of a gamble, and galling to 1st amendment absolutists, but given the legal doctrine surrounding "obscenity", worth a try.

  212. Re:Privacy? Huh? by 1u3hr · · Score: 1
    One has to ask what sort of valid conscious choices can be made while under the influence of drugs and alcohol - and I imagine taking said drugs is not necessarily consentual (something slipped in her drink, etc)

    If that were the case, she should testify to that effect. The producers could be charged with aassault, rape, etc, etc. She could find a lawyer who'd work for a percentage and sue them for millions. At a minimum, she could get the videos off the market.

  213. SAW and KINK.COM by Anonymous Coward · · Score: 0

    I was thinking of Saw the whole time. I'm surprised it took so long for Saw to be brought up. That was the first thing that came to my mind as I started reading about this. It is such a double standard.

    Another thing I was thinking of is http://kink.com/This site started up a few years ago. Peter Acworth was going to get a PHD in finances from Columbia University, but he dropped out of grad school. He wanted to get into the online porn industry so he bought the State Armory and Arsenal building in San Francisco which was last used by the military in the 1970s. It is a huge dungeon like building. Peter uses this building to make online fetish porn films (S & M) for websites that are linked to kink.com. There are 60,000 suscbribers that are paying $30 a month for this service. Many of the films show depicted rape, and other extreme things that I'm sure would be seen in this movie that we have been discussing.I am all about free speech as well.

    I wouldn't watch these films myself, but people should have the freedom to produce and purchase such material.

  214. Re:Privacy? Huh? by Jackie_Chan_Fan · · Score: 1

    Max Hardcore featured women who WANTED to be in those films.

    He was railroaded by our "free society"

  215. Re:Privacy? Huh? by Dun+Malg · · Score: 1

    True, it's a presumption that prosecution of "pornographers" begun under Bush43 has a religious component to it.... but you have to admit that it's not statistically likely that it's an incorrect assumption.

    --
    If a job's not worth doing, it's not worth doing right.
  216. Re:Privacy? Huh? by Artifakt · · Score: 4, Informative

    Let's assume there was nothing actually slipped into her drink. Professional filmmakers, including a lot of XXX, don't get a model's release signed by anyone who has used drugs or alcohol in the hours before. They don't allow booze or drugs actually on the set. They take the time to check proof of age and consent, because they have to take the time to check a current HIV test anyways. They are regulated by laws, not just ones for the adult industry, but ones that apply to all film studios or professional photographers. The laws that say you check HIV status are part of workplace safety laws that affect, for another case, any stuntperson who might get a bleeding injury. The laws about booze and drugs are film industry wide, although I recall Nina Hartley once explaining that the adult industry had more incentive to stay squeaky clean on them than anyone, so nobody used them as an excuse to shut a production down. This isn't just about a few people conducting a normal private transaction (like me taking a date out to a bar). On one side, we have a business, bound by special regulations that affect all such businesses and not just the adult subset.

    --
    Who is John Cabal?
  217. Not much for censorship and jailtime... by KarlIsNotMyName · · Score: 1

    But how about an official categorization of porn? I'm not much into the rape and other violence stuff, or the, well, crap. Apparently these guys know what kind of porn is what, so how about we get a government run porn search engine, with each image, video, story, and whatever else, clearly labeled? Then we can all search for the stuff we want to see, and not risk being offended by what we don't want to see.

    --
    We are all God's parents.
  218. Re:Privacy? Huh? by Anonymous Coward · · Score: 0

    Or maybe they shouldn't have gotten intoxicated (legally or otherwise) with strangers in a strange area anyway. Stupid choices abound with this one.

  219. Re:Privacy? Huh? by Anonymous Coward · · Score: 0

    Disambiguate "come" please.

    Addendum: My Captcha was 'flowed'. Sometimes I like the universe. And my porn addled mind.

  220. Mary Beth Buchanan is a NAZI CUNT. by Jackie_Chan_Fan · · Score: 1

    AMERICA is about freedom, you stupid cunt.

    Simulated RAPE, is not RAPE.

    Is it wrong to rape your girlfriend if she enjoys to be fucked that way? If she is a consenting adult who enjoys rape fantasies and rape play.... is that obscene?

    Wall Street does far more obscene things than any CONSENTING ADULT IN PORNO.

    Mary Beth Buchanan's pussy must be so precious that we're all in awe of her majesty.

  221. Happy 4th of July! by Jackie_Chan_Fan · · Score: 1

    Be sure to buy your hot dogs and illegal fireworks so that you too can celebrate Independence Day!

    Lets all get out there and eat our dick shaped shitty meat tubes and pretend we have freedom. GOD BLESS AMERICA... May she fucking die soon.

  222. How did this happen?! by mosb1000 · · Score: 1

    You can go to jail now for making a video?! That's censorship plain and simple. I though that the government didn't do that here (at least not for private citizens). I can see sending someone to jail for crimes they committed which happened to be videotaped, but not for producing and distributing the videos themselves. This is insane.

  223. Re:Privacy? Huh? by Anonymous Coward · · Score: 0

    they made it their business to find the line and cross it notice in their name extreme. for example one of their movies portrayed a rather extreme and violent rape. from the girl being kidnapped and forced to perform oral, vaginal and anal sex while verbally abusing her with multiple men and ending with her execution, if i recall correctly by cutting her throat. its not simply kinky porn nor is it a single titty showing. however no one was forced to watch the movie, including the pbs frontline camera crew covering the porn industry who ended up leaving half way through the shoot in disgust, and arguably since porn movies can be purchased online from a retailer who chooses to sell such material and shipped anywhere in the country in a plain unmarked, save for an address, box that does not allude to the content or even downloaded online through machines that are hopefully not paying attention to the content of transmission the only people coming into direct contact are the consumers and the producers. however while this may seem like it isnt hurting anyone consider a disturbed individual who is able to acquire this material and watches it and can readily access similar material he can continue watching it all he likes and get the impression that it is normal. this may satisfy his appetite for a while but then he acts out on real people actually harming them. the video did not force him to or even actively encourage him but he was able to develop his taste under the impression that it was ok since it was being done all the time, at least as far as he could tell, and finally act on it. had he no access to such material he might come under the impression that it was not all right and seek help or be able to repress it if it was a minor interest. not that i agree with the ruling however freedom of speech and religion and such are not god given "rights" they were written by,for, and protected by man who is not inherently right or perfect and if your world is all black and white you are clearly color blind. this is one case that poses some danger to all of us no matter which side you take.

  224. Re:Privacy? Huh? by Anonymous Coward · · Score: 0

    For my state (TN), Miller gets interpreted pretty strictly. Changes in the sodomy laws mean gay, oral or anal wouldn't be banned because of bullet point 2 anymore, but there's still a possible challenge to fisting or some BDSM on that basis. However, even here, prurient has a fair legal definition - I.e. it's not just any sexual interest being aroused, but interest in doing something itself illegal.
            Some of these films would fail our prurience test, for arousing an interest in intercourse with a minor specifically under the age of consent. They'd go on to fail the second test for the same reason, and I suspect they'd fail the third, (but then, so would a Godzilla movie). Still, I'm talking about a conservative voting, southern state, and I don't think even all of the films in this article would be found obscene here, and really doubt it would lead to a broader crackdown.

  225. Re:Privacy? Huh? by shutdown+-p+now · · Score: 1

    Don't defend some fucked up porn stars for their 'freedom of speech'. If there is a case where free speech really matters, stand up for it then and there. (for example, the events in Iran, btw what's going in there now?).

    I bet that quite a few people in Iran similarly believe that they shouldn't defend some "fucked up faggots" for their "freedom of speech".

  226. A day late and a click short by Brad+Eleven · · Score: 1

    Dang! Why is it that I only hear about these bitchen sites after they've been shut down?

    --
    "Press to test."
    (click)
    "Release to detonate."
  227. As someone who was following the case... by AceCaseOR · · Score: 1

    I'm going to give some quick information on the kind of material Mr. Black was selling (aside from DVDs for his crappy wrestling promotion). The DVD's contained material depicting simulated rape that was billed as actual rapes, participants who were advertised as being minors (with the DVDs and web pages not containing the legally mandated text that said that they confirmed that the participants were of legal age to take part in the video), along with your standard 2 Girls 1 Cup level scatological stuff.

    Oh and apparently there were some problems with how they were storing it as well (they were storing it in the building they'd leased for their promotion - the former ECW Arena/Viking Hall, then called the New Alhambra Arena). Apparently there was something wrong with that as well (aside from possibly being a violation of their lease).

    As it is, Rob Black is a giant inflamed asshole, and I have no sympathy for him at all.

    --
    Zagreus sits inside your head, Zagreus lives among the dead, Zagreus sees you in your bed and eats you in your sleep.
    1. Re:As someone who was following the case... by Jackie_Chan_Fan · · Score: 1

      There is nothing wrong with simulated rape being advertised as actual rape. Survivor is advertised as "reality TV" and its anything but reality.

      There is nothing wrong with advertising the girls as minors when they are in fact adults of legal age. That is role playing. If your wife or girlfriend wants to pretend that she's a 15 year old cheerleader in bed.... thats perfectly legal and no different.

      Now there may be some law broken that i dont know about where as you said, they did not state that they were of legal age in fine print... I cant speak to that other than its really not a big deal as long as the girls were actually of legal age and is documented. Its perhaps a poor choice... but its not like they were raping little children.

      2 girls 1 cup? There is nothing wrong with 2 girls enjoying a cup of their own shit. You may not like it, you may not love it.... but they do and thats what freedom is about. It hurts no one other than (maybe) the adults who chose to partake in something they apparently get off on. So be it. As Bob Ross once said... "Its your world".

      Freedom is a tricky thing. You may not like 2 hot girls rolling around in shit and swallowing it... but that does not give you or anyone the right to take it away from those that do enjoy it.

    2. Re:As someone who was following the case... by TheRaven64 · · Score: 2, Insightful

      The DVD's contained material depicting simulated rape that was billed as actual rapes, participants who were advertised as being minors

      So charge them with false advertising or conspiracy to commit rape, conspiracy to distribute child pornography and child abuse.

      --
      I am TheRaven on Soylent News
  228. Re:Privacy? Huh? by Skuld-Chan · · Score: 1

    I wonder how many of these stories are true though? I've only been in one gas station that sold porn, but I don't think its all that common.

  229. Can someone please explain this to me? by Anonymous Coward · · Score: 0

    I don't live in American so can someone please explain this to me?
    How can someone be prosecuted for making porn? Since when has it been illegal in America?
    Unless I'm missing something and there were raccoons involved or something.

    1. Re:Can someone please explain this to me? by Jackie_Chan_Fan · · Score: 1

      You see, here in America we dont actually have those freedoms that you may have heard about in your country. Its not real. Its all an act to make us feel better about ourselves. Here in America we always think we're the best country because we have freedom and the best of everything. We're very arrogant like that.

      We dont like to learn that we're not really free, or that our country isnt as good to its citizens as many other nations are.... so we close our eyes and say we're the best country there is. Its just easier that way.

      Its easier to feel better about yourself by lying to yourself.

      America is a corrupt nation. We have no freedom of the press, no real health care, and we're being bled dry financially by corporations that being capitalism is supposed to kill a country.

      Our history books are full of lies to make us feel better about ourselves. Even this weekend we will be celebrating our "Independence Day" (4th of July) which is supposed to stand for freedom. We will be having our 4th of July parties and eating our food and never think once about what real independence means. What real freedom means...

      It will never even cross our minds. We will be too busy eating hamburgers and hot dogs and goofing off with friends and family. We dont like to deal with reality much here in America. That is why we have slowly let the America that you learned about, die.

  230. Re:Privacy? Huh? by thrawn_aj · · Score: 1
    LMAO!!!

    You sir, are hilarious in the extreme :). In the words of the Farkers: I lol'd !

  231. Re:Privacy? Huh? by drinkypoo · · Score: 1

    You're not seeing this right.

    Except for this, I don't disagree with anything you've said, including that I'm trying to play the devil's advocate. At the very same time, I am not willing to say something that I don't believe at all in order to do so.

    Since you've changed the story around so much since people have started to call you on it (started out as a stereotypical girl from a rural area gets into the city and into porn) I'm inclined to think you're just full of shit and trying to play Devil's advocate here.

    As far as I know, the story is true; it comes from a reputable source who has no particular reason to lie to me about it that I know of. We were sitting around sucking down Broken Halo and he came out with this story as something of a non sequitur. No part of the story is contradictory; I didn't see a need to give every particular detail initially, because sometimes I forget that this is Slashdot and there is always someone willing to crawl up your ass about every little thing. Sometimes that person is me, so I don't feel particularly irate about that fact.

    In summary, I don't think that it's appropriate to violate the first amendment to the constitution of the United States in order to prevent abuse of women; I agree with you that someone should be doing something about the (in many cases) outright criminal activities involved in the production of pornography. I was telling a [so far as I know] true story about how the production of pornography can be harmful, and if you don't believe that real cultural problems result if you repeat this story enough times (again, assuming for the moment please that it is true - it doesn't seem particularly difficult to believe to me but I'm one of those people that people tell their stories to, so I've heard some pretty fucked up things) then I don't think we have anything more to say to one another.

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  232. Re:Privacy? Huh? by snl2587 · · Score: 2, Informative

    Err...they plead guilty to crimes and went to prison. That doesn't mean it doesn't truly fall under protected speech, but in their case they sort of forfeited their ability to challenge this at the highest level.

  233. Re:Privacy? Huh? by compro01 · · Score: 1

    Sodomy laws in the US got tossed 6 years ago as a result of Lawrence v. Texas.

    --
    upon the advice of my lawyer, i have no sig at this time
  234. Re:Privacy? Huh? by RedK · · Score: 2, Insightful

    You do have to admit your story is very stereotypical. We've all heard it dozens of times before. Naive country girl from a small hometown moves into LA to get into acting and along the way, flirts with drugs/alcool/porn because of peer pressure and gets in over her head. If you really expected empathy for this kind of story, which is posted all over the Internet all the time, then tough because if I had to stop and feel empathy and compassion for every SOB story ever posted on the Internet I'd probably have slit my wrists by now.

    The facts remain, the crime you describe here is not Porn itself, it's not the distribution of said Porn, nor is it the production of the porn. If your story (and every other story about those poor naive country girls) is true, then the crime here is rape. There's a very big difference between your story and the sentence being discussed here, and in no way does your story say anything about the porn industry, only some individual's abuse of naive country girls.

    And we come full circle back to your comment that porn that is degrading degrades all women. This is patently false. First what is degrading to you or this naive country girl might not be to someone else. Who are you to decide what is degrading to others ? Your generalisation that came from an anecdote makes your post sound more trollish than someone that actually wants to discuss the state of the porn industry, its consumers and its actors.

    --
    "Not to mention all the idiots who use words like boxen."
    Anonymous Coward on Monday August 04, @06:49PM
  235. Re:Privacy? Huh? by westlake · · Score: 1

    Wow.. just Wow. What the fuck has happened to the US? What happened to free speech?

    Nothing.

    Free speech in American law is rooted in a tradition of unconstrained political debate without fear of government interference.

    That is why Norman Rockwell in his "Four Freedoms" series chose the New England town meeting as his model. Freedom of Speech [1943]

    The notion that all speech is protected speech has never taken hold.

    "Contemporary community standards" is shorthand for saying that society as a whole has the right and the power to set limits.

    To decide what it chooses to be and where it chooses to go.

  236. Re:Privacy? Huh? by RedK · · Score: 1

    So you're basically agreeing with him. Like you said, and like he said, the fact that she was pressured into it doesn't absolve her of her own responsability. The fact that the pressure might have been too much, and in the end she might not have consented with full rationnal understanding doesn't change the fact that she is ultimately responsable for what happened to her. Exactly like the shooter in the analogy, that doesn't say anything about other's responsability in this. Like everyone you disagreed with here said, she is responsable for what happened to her and the consequences are hers to live with.

    --
    "Not to mention all the idiots who use words like boxen."
    Anonymous Coward on Monday August 04, @06:49PM
  237. Exactly by Anonymous Coward · · Score: 0

    Puritans to the america's, criminals to australia. Australia got the better deal.

  238. Re:Privacy? Huh? by Hatta · · Score: 1

    She then wound up having violent sex she wasn't at all in to, then the tape got sold out of gas stations everywhere

    Nice, what's the title?

    --
    Give me Classic Slashdot or give me death!
  239. Re:Privacy? Huh? by radtea · · Score: 1

    A friend recently told me a story about a girl he knew from his hometown, and I will share the anecdote with you now: This girl's girlfriends got her to come down to LA to do "modeling" which then turned into drinking and drugs on a scale she wasn't used to, which then became "modeling with titties", then "modeling with a cock out", etc etc. She then wound up having violent sex she wasn't at all in to, then the tape got sold out of gas stations everywhere, and she couldn't show here face in her home town, now she's some kind of shut-in.

    Funny, a friend recently told me a story about a guy his cousin grew up with, whose friends got him to go to university to do "computing science", which then turned into drinking and drugs on a scale he wasn't used to, which then became "programming", which then became "programming with VB" etc etc. He then wound up writing Word Macro viruses he wasn't at all into, then the virus infected documents in corporate offices everywhere, and he couldn't show his face in his home town, and now he's some kind of shut-in.

    Top-shelf developer, ruined by university.

    --
    Blasphemy is a human right. Blasphemophobia kills.
  240. Re:Privacy? Huh? by Anonymous Coward · · Score: 0
  241. So. When are you going to use them guns? by Anonymous Coward · · Score: 0

    I keep reading about why it's important to own guns in US but when it comes to it, who's going to go free these people from prison, for example?

    What good are guns if people don't use them? These are kidnapped people, who's going to help them? No one? Thought so.

  242. Re:Privacy? Huh? by Anonymous Coward · · Score: 0

    A few years after Bush became president a crackdown happened on porn sites, basically things that where overly rough where targeted

    They may have targeted just those sites to make their content illegal, but they targeted the whole industry too. The Bush administration passed record keeping legislation (18 U.S.C. 2257) that, while not making sexually explicit material illegal, cost the industry a lot of money and are often too onerous for small-time producers to comply with.

  243. Trial by jury by tepples · · Score: 1

    Fact is we live in (USA) one of the most diverse communities on the planet.

    And juries should reflect such diversity.

  244. Re:Privacy? Huh? by Anonymous Coward · · Score: 0

    They fed her drugs with the intent to impair her judgement, which is illegal; they obtained bogus consent when she was unable to provide informed consent, which is illegal.

    Then why didn't they go to jail or be prosecuted? Is it that you have no proof? Also, those whose job it would be to get proof would rather go after legit distribution than illegal production. Also, per your own fucking story, she should have gotten out at the first mention of "drinking". Nobody should confuse doing a job and getting drunk or high. Your original story - try to stick with the script:

    This girl's girlfriends got her to come down to LA to do "modeling" which then turned into drinking and drugs on a scale she wasn't used to, which then became "modeling with titties"...

    And comments like this:

    Your lack of empathy for other humans has been noted, meatbag.

    That does not put you on the path to sainthood, asshole.

  245. Re:Privacy? Huh? by ahabswhale · · Score: 1

    You don't find it the least bit hypocritical that you talk about how degrading and dehumanizing porn can be, yet you refer to this woman as ruined "top shelf pussy"?

    --
    Are agnostics skeptical of unicorns too?
  246. you don't know that by commodoresloat · · Score: 2, Funny

    It's quite possible that some of them killed themselves!

  247. Re:Privacy? Huh? by Anonymous Coward · · Score: 0

    Uh, that case was dismissed. I think that's kind of the point. She /was/ stupid.

  248. Re:Privacy? Huh? by Anonymous Coward · · Score: 0

    shouldn't that be "....and then I never came again?"

  249. Re:Privacy? Huh? by Omestes · · Score: 1

    Does that mean it's okay to intentionally coerce her into doing something she doesn't want to do through a combination of false pretenses and other lies?

    So we can ban advertising now? Last I checked a huge part of our economy works on the same principles.

    Bullshit. Now we all get to live with the consequences. We're all on this planet together.

    The second someone tries to protect me from making stupid decisions, is the second I bash them in the face. I say this because its based on your idea of what a stupid decision is, and not some universal, a priori truth of what actually consists of a stupid decision. YOU are not the arbiter of morality, common sense, or anything else, there is nothing that elevates you to this position. You are just as dumb as the rest of us. Your version of morality is no better than mine, and your common sense is just as oxymoronical as mine.

    This is what pisses me off, self righteous morons trying to tell me how to live.

    Sure, its a sad story, thats fine. We all have those, even if they aren't as dramatic. But the lady made her own choices.

    Banning and censoring things is a negative action, since we remove freedoms from people. This is wrong, unless you can prove the basis of your higher authority. What is needed is POSITIVE action, meaning equipping people with the proper tools to make "proper" choices, this means knowledge and education, not telling them arbitrarily what they may or may not do, or what they may or may not enjoy.

    I'm sure you have some foible I find absolutely idiotic, would you mind stopping it? No? Then you wouldn't mind if I passed laws legislating my opinions, forcing them on you? Right?

    --
    A patriot must always be ready to defend his country against his government. -edward abbey
  250. Re:Privacy? Huh? by commodoresloat · · Score: 1

    Jesus, you're an ass. He hasn't changed his story a bit. And he never said that porn should be banned; in fact, if you re-read his original post, the last sentence was something to the effect of, all that said, the statement of the US Attorney made him sick.

    What he said was, in a lot of the porn that portrays degradation and exploitation of women, those women really ARE being degraded and exploited. The fact is, US obscenity law doesn't care about that -- it is based on puritan morality standards that the poster rightly rejected. However his point that the porn industry is a messed up industry with a lot of casualties is quite true. (Same is probably true of the tobacco industry or the oil industry, for example). Yes the girl should have had her wits and her self esteem about her enough to call in rape charges when things first went to far. But the fact that she didn't does not mean that the people who did this to her are without blame or that they are simply exercising their free speech. One thing has nothing to do with the other.

  251. Re:Privacy? Huh? by Anonymous Coward · · Score: 0

    And then we had no porn, and I did not come.

    Fixed that for ya

  252. Re:Privacy? Huh? by supernova_hq · · Score: 1

    They plead guilty to the ACT, they were arguing that it was NOT a crime.

    If you were arrested for looking at someone, then asked in court if you indeed committed an "act of observation", would you lie and say you never looked or say you looked but that you had every right to do so?

  253. Re:Privacy? Huh? by commodoresloat · · Score: 1

    Did you even actually read his story or his comments, or did you just trot out your all-too-stereotypical knee-jerk response to any story you hear about porn and abuse? For fuck's sake, the guy never said "porn degrades all women." He told a story about a girl who got in the porn industry - a story that is indeed all too typical - and pointed out that parts of the industry really are abusive to real people. Yes the crime here is rape, among other things -- I don't think the original poster has denied this at all. And I think it's possible to see this without saying "all porn should be banned."

  254. Re:Privacy? Huh? by WiiVault · · Score: 1

    Or maybe talking about, and making light of a situation has the potential to create greater engagement. History seems to bear that even without a letter to congress.

  255. Re:Privacy? Huh? by Anonymous Coward · · Score: 1, Funny

    Are you kidding? As anime, at least a dozen young korean children chained to radiators were exploited in the creation of the work. Someone's gotta animate that shit.

  256. Re:Privacy? Huh? by signingis · · Score: 1

    The plural of "anecdote" is not "data" FYI.

    --

    I prefer a void in conversation to a vacuous one.
  257. Re:Privacy? Huh? by Anonymous Coward · · Score: 0

    What are you talking about, and which side of the argument are you on? I have no clue. Maybe you should learn to make sense.

  258. Re:Privacy? Huh? by snl2587 · · Score: 2, Informative

    If you were arrested for looking at someone, then asked in court if you indeed committed an "act of observation", would you lie and say you never looked or say you looked but that you had every right to do so?

    Straw man aside, here's the exact article and summary wording

    ...pleaded guilty in March to a felony charge of conspiracy to distribute obscene material through the mail and over the Internet

    Note that if they claimed the material was not obscene they could have pleaded not guilty...what they did instead was concede some material as obscene, non-protected speech and take a plea deal for a reduced sentence. Without seeing the videos I can't say for sure if what they were doing was truly criminal (the article is a little vague) and that they made the best decision for themselves, though I highly doubt that I would agree with the DOJ on this one.

  259. Re:Privacy? Huh? by rhyder128k · · Score: 1

    Male feminists like you really piss me off. Like most feminists, your well meant, if naive, emotive rhetoric ignores the fact that WOMEN ARE THE EQUALS OF MEN. They are just as capable of decision making as men, and your line of reasoning robs women of agency. If you believe in equality, anything that you say about the women in porn would have to apply equally to the men. Are you telling us that most of the men in porn are innocent angels who were coerced into it? No, because you think that every woman is a bimbo. Sure, sure - a few of them, when they get into trouble will play up to cultural superstitions and say "Yeah, it was the evil MEN who made me, the innocent victim, do it." But those women are in a tiny minority. If the story about the girl from your home town is true, the people who caused her problems were the feminists who perpetuated the daft idea that porn is evil, thus re-enforcing the stigma of participating in it. I say, what did the woman do that was wrong?

    --
    Michael Reed, freelance tech writer.
  260. Re:Privacy? Huh? by Omestes · · Score: 1

    one of the actresses were forced to have anal sex with 10 men.

    So there was a gun to her head? Someone was physically keeping her from walking off set? If the answer to those questions is "no", then this isn't an issue, as there was no force involved.

    Other films have had women performing felatio while being hit in the face and humiliated, and many even threw up. Other films again had women drink vomit and other bodily fluids. This is some sick stuff!

    Again; gun? physical force? No? No issue still.

    Some people actually enjoy this stuff. Sure, I find it disturbing, but that's my business, just as what gets other off is theirs, and only theirs (as long as it consensual between all parties). I have a couple friends who are into "swinging", and bondage. I don't personally agree with either of these things, but it is wholly their business. It doesn't affect me in the slightest. Some people like rough sex, and copraphilia, this is also fine, it doesn't affect me in the slightest.

    You might be suprised at what the people around you are actually into, and what they fantasize about. There is actually an successful industry based around women degrading powerful men, the men ENJOY it apparently. A lot of porn is bizarre, because that is what we want. We are bizarre.

    I don't think it's the sex part they were taken in for, but the repugnant degradation of a human being.

    But what if that is what they want? Have they actually proven that these actresses were forced to act this way? That they didn't enjoy it? That it was rape?

    But I must say, these two people were into some sick stuff, and from what I read about them, there weren't always _consenting_ adults around... Sick, sick, sick.

    [citation needed]

    Whatever your neighbors do in their bedroom might shock the hell out of you, if you knew.

    --
    A patriot must always be ready to defend his country against his government. -edward abbey
  261. Re:Privacy? Huh? by Anonymous Coward · · Score: 0

    The English kicked the Puritans out, and I think it's time for Americans to do the same.

    Hear, hear! On your bikes, Greenpeace!

  262. Re:Privacy? Huh? by feepness · · Score: 1

    Hmmm, I don't really see where he called her stupid. Let me re-read it...

    Nope, still don't see it.

    Can you help me out by pointing out where that is?

  263. Re:Privacy? Huh? by commodoresloat · · Score: 1

    since almost everyone looks at porn

    Umm, maybe on slashdot, but not in the real world.

    In any case, to answer the original question, "porn" is not illegal, but "obscenity" is. And "obscenity" is currently defined in US common law according to the standard set forth in Miller v. California (1973); there's a halfway decent summary of the standard on Wikipedia. It's ultimately a pretty subjective determination and it's based on puritan standards of morality rather than on things like actual harm to participants and/or viewers.

  264. Re:Privacy? Huh? by TheoMurpse · · Score: 1

    next stop is to the supreme court where this will be sorted out

    I'm not so sure about that. The Supreme Court has consistently held that obscenity is not protected under the First Amendment. This rule stretches back to the 1800s.

    The test that they use is three-part (the Miller test):

    1. the work appeals to the prurient interest of a member of the community
    2. depicts/describes, in a patently offensive way, sexual conduct or excretory functions[2] specifically defined by applicable state law
    3. andthe work fails the SLAPS test (by lacking all manner of Scientific, Literary, Artistic, or Political Speach) as based on a national standard

    Note that child pornography is not protected under the First Amendment because it is, as a matter of law, obscenity.

    I am not a lawyer. I am not your lawyer. This is not legal advice.

  265. False by commodoresloat · · Score: 1

    Sure they do. Course, here in the States, you can go to jail for 'possession of kiddie porn' for having copies of certain animes laying around, on the theory that some child somewhere was exploited to make it, even though, as anime, no children whatsoever were involved. Talk about victimless crimes, if no kids are involved, how can it be kiddie porn?

    That's just not true. I mean, you can be arrested for any sort of nonsense, but the current common law thinking in the US is quite the opposite -- the most recent case I'm aware of is Ashcroft v. Free Speech Coalition which held that in order to be not protected by the first amendment, the material must involve the actual exploitation of children. (Or be held "obscene" but that is a totally different issue). In fact, the City of LA even dropped the case it had against Paul Little for "virtual child porn" - involving over-18 actresses portrayed as under age - after the Ashcroft case was decided. The idea that anime porn would not be protected speech is really off base.

    1. Re:False by Anonymous Coward · · Score: 0

      Depends on whether or not you've been following some more recent cases. Check out the cases against Dwight Whorley and Christopher Handley. The idea isn't at all off base.

    2. Re:False by commodoresloat · · Score: 1

      You're right I was addressing the specific issue of "virtual child porn"; but in cases where the material is determined to be "obscene," it is not protected; that's really a separate issue from the child porn laws. Of course, the definition of "obscenity" is slippery at best, and the Christopher Handley case is a grim reminder of when that goes awry. But if it went to the Supreme Court or if the lower court actually followed precedent, I can't imagine his case not getting thrown out (based on what little I know about it).

      Dwight Whorley, on the other hand, is a registered sex offender who was caught downloading real child porn. He also downloaded 20 anime pics. He argued the anime was free speech but the court thought it was obscene. The PROTECT Act - which Congress passed in order to beat its way around the Ashcroft decision I mentioned above - says that cartoon depictions of child porn are illegal only if they are also deemed "obscene." You can read the court opinion here.

      Now, this might seem like side-stepping to you, and I would agree, but the point is it all revolves around the question of defining "obscenity." Until the Court moves beyond that notion entirely -- not likely to happen in my lifetime. But "obscenity" has NEVER received first amendment protection -- whether it is actual photos, cartoon drawings, or ASCII text.

  266. Re:Privacy? Huh? by TheoMurpse · · Score: 4, Informative

    I doubt they'll do prison time. I suspect this because they copped a plea to get their sentence down to a year and a day, and a sentence of a year and a day is typically imposed (rather than something shorter) because this is the minimum sentence that makes the defendant still qualify for alternative punishment (I forget the federal term of art, but it something evocative of the more famous "parole"--there is no parole for federal law, however).

  267. Re:Privacy? Huh? by commodoresloat · · Score: 0, Troll

    Did you miss that Extreme Associates pleaded guilty? There's no dispute about whether the material meets the definition of "obscene." It's not going to the Supreme Court.

  268. Re:Privacy? Huh? by commodoresloat · · Score: 1

    While I think the Miller Test replaced "I know it when I see it" at the SCOTUS level, the fact of the matter is that the Miller Test is "I know it when I see it", just applied at a lower level. If this gets appealed, I'm sure the SCOTUS will just say "well, after the most dire of voires, the prosecutors managed to find 12 stuck-up prudes that were offended by your movie, so it's obscene". The real problem is that the government has managed to convince everyone that "obscenity" isn't speech. Since they control the definition of obscenity, they control the definition of speech.

    As I noted above it won't get appealed - they pleaded guilty. But what you say here is spot on: "The real problem is that the government has managed to convince everyone that 'obscenity' isn't speech." There is a state Supreme Court that held otherwise -- Oregon v. Henry -- effectively decriminalizing "obscenity" in the state. Their rationale was that the notion of a sexual "obscenity" exemption didn't exist at the time the first amendment was crafted. It would be interesting to see if the Sup Court ever dealt with this question but I don't expect any member of the current Court to be willing to reconsider whether obscenity could be protected speech.

  269. Re:Privacy? Huh? by Anonymous Coward · · Score: 0

    Exactly, she should sue them... it's not like it would be difficult for a poor exploited girl to sue evil pornographers in the good old USA.

  270. incomplete plot summaries by commodoresloat · · Score: 1

    Thank you for the summaries of the movies, but you left out an explanation of "1001 Ways to Eat My Jizz." Can you please tell us what this film is about? kthxbye

  271. and/or by commodoresloat · · Score: 1

    According to the Miller Test, it passes because it does not depict sex or disposal of waste in an offensive manner, its not intended for sexual arousal, and it has a serious plot.

    OR it has a serious plot. Not "and." Big difference.

  272. Re:Privacy? Huh? by Baloo+Uriza · · Score: 1

    What the fuck has happened to the US? What happened to free speech?

    Californians don't bother to learn who their politicians are and vote based on name recognition alone, hence we got Ronald Reagan as a president. This same idiot actor is the one who gave birth to Reaganomics and neoconservatism, both are ideas whose time came and went sometime before society was invented.

    --
    Furries make the internet go.
  273. MOD PARENT UP by commodoresloat · · Score: 1

    Someone please mod this up. Everyone in this discussion seems to have missed that they pleaded guilty. They granted the prosecutors' argument that the material was "obscene." They could have challenged it -- I think on at least one of the films involved they would have had a strong case -- but they chose not to. They probably made the right choice given the resources they had to fight this, but that's neither here nor there - the point is, the Court really wasn't asked to determine whether or not this material was "obscene." A huge majority of the comments on this page assume it made a decision about that.

    1. Re:MOD PARENT UP by honkycat · · Score: 1

      It's still chilling that the prosecution was made. I suppose it's "better" than had the courts ruled against them, but the distinction you draw doesn't make these debates wrong. The justice system as a whole is still resulting in this penalty.

    2. Re:MOD PARENT UP by commodoresloat · · Score: 1

      These debates aren't "wrong," but they have little to no relevance to the news story posted here. That's the problem.

    3. Re:MOD PARENT UP by budgenator · · Score: 1

      It's unlikely an American jury wouldn't find these less than obscene;

      * Extreme Teen 24[1]: contains a scene of a naive supposed young girl being talked into having sex by an older man. The actress involved was over 18, however dressed and acted like a young girl.[3]
              * Cocktails 2[1]: various scenes of women drinking vomit, saliva and other bodily fluids.[15] It was the director's cut version of the film that was cited in the case.[1]
              * Ass Clowns 3: a female journalist is being raped by a gang led by Osama bin Laden; the journalist is freed and the gang members killed. The director's cut version also contains a scene where Jesus steps off the cross and has sex with an angel.
              * 1001 Ways to Eat My Jizz:
              * Forced Entry[16]: The film depicts the beating, rape and murder of women by a serial killer, who is eventually killed by a mob of vigilantes.[17] There are three scenes which graphically portray rape and murder, and women are also spat on.[3] Extreme's website called it their "most controversial movie" and "a stunningly disturbing look at a serial killer, satanic rituals, and the depths of human depravity."[18] Forced Entry was directed by Lizzy Borden and released in 2002. Again it was the director's cut version of the film that was cited in the case.[1]
      United States v. Extreme Associates

      I may have to find the torrents just to be certain.

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    4. Re:MOD PARENT UP by snl2587 · · Score: 1

      I may have to find the torrents just to be certain.

      Anything in the name of science!

      Maybe it's just me and a small minority of people, but while I don't find the aforementioned movies to be my cup of tea I also don't feel that these are particularly extreme...and, frankly, I can think of quite a few Hollywood movies with worse depictions in them, just without the real sex that apparently makes these movies "far worse". Plus, the scenes in Ass Clowns 3 sound hilarious.

    5. Re:MOD PARENT UP by True+Grit · · Score: 1

      * Ass Clowns 3: [...] The director's cut version also contains a scene where Jesus steps off the cross and has sex with an angel .

      No need to consider this any further folks. *This* is why they were prosecuted instead of any other 2bit, small-time, porn house.

      Obscene porn is one thing, but in this country, right or wrong, as soon as you mess with Jesus, the knives come out...

      And no, this isn't a troll, I live in the Bible Belt, I know...

  274. Re:Privacy? Huh? by moortak · · Score: 1

    George Carlin did engage in several court cases relating to his comedy that helped protect free speech. In the Milwaukee Seven case his work was ruled to be protected, because while it was indecent it was not obscene. The same speech was deemed to fall under the FCC's control in the Pacifica case. He probably did more to protect free speech in this country by just doing his bit than he ever would have been able to by turning it into a purely political effort.

    --
    Xavier Rabourdin for president 2012
  275. Re:Privacy? Huh? by honkycat · · Score: 1

    I mod you +1 Interesting. I did not know that. But that's tangential to my real (glib) point which is that their speech was not actually protected.

  276. Re:Privacy? Huh? by honkycat · · Score: 1

    Ok, sure, and to be honest I was being somewhat glib about it. The OP clearly meant that it was "protected speech" in the sense that it "should be protected." I'm just saying that, for whatever ultimate reason, it wasn't actually protected by anyone.

    Personally, I think it's distasteful that there are laws on the books such that they can be put in a position to plead guilty without it being clearly shown that either a substantive crime was committed in the production of the material (e.g., rape) or that the material was distributed in such a way as to cause actual harm (e.g., something other than transmitted/shipped to adults, and I'm aware that I'm using "actual harm" in a funny way here, there could be a whole 'nother debate about whether seeing something unpleasant causes actual harm to anyone). Basically, I don't see much legitimate reason for "A and B decide to film some act and then C sends them $59.95 plus S&H to get a copy of that tape" to generate even the threat of prison time for A, B, or C.

  277. Re:Privacy? Huh? by Anonymous Coward · · Score: 0

    did someone ask what happened to the U.S?

    there it is right there in that reply by honkeycat.

  278. Re:Privacy? Huh? by Trailwalker · · Score: 1

    Mary Beth Buchanan has a long history of politically motivated prosecutions. A real heroine of the Bush years.

  279. Re:Privacy? Huh? by LeneJ · · Score: 1

    You haven't been at your wits end, have you? I've been in a mentally abusing relationship as a young woman. No-one held a gun at my head, but I could not leave. The point is this: sometimes you do things you don't want to, because you think you have no options.

    I have NO problem with people who like to do these things, BUT there is a GREAT possibility that the people who are IN the films don't want it to happen. To them it's a job, and it's probably pretty degrading to THEM. But they may feel they have no options but to do them, whether they like it or not. Note that I am not talking about normal porn here. I am talking about things that really has nothing to do with sex, but humiliation. This is what they say about themselves: "Extreme Associates bills itself as having the hardest hardcore pornography on the Internet. The studio's content has been described as "extremely violent", "shocking", "slasher porn" and "patently offensive". In an interview with Salon.com Borden said of Extreme's content, "It's disgusting but I like to watch it because it's shocking"."

    As I said, when I read the article, I thought exactly like you. "This is ridiculous." Then I did my research, and I realised this wasn't normal porn. If you need more citations, read the article, and follow the link to Wikipedia about Extreme Associates. Here, let me give you the link: http://en.wikipedia.org/wiki/Extreme_Associates

    And let me quote: "Kristi Myst broke down during the filming of In The Days of Whore. After having had anal sex for several hours with three men she was told that she had to do anal with another seven men, although she had not agreed to this before the shoot. At this point Myst began crying and wanted to walk off the set and quit the business rather than complete her scene. She eventually relented after being consoled by Tom Byron. Brandon Iron who was present has said the incident was "the foulest thing I have ever witnessed" on a porn shoot." Iron is the guy who tried to sell his slap happy series to 34 companies before this brand of people came along; the guy I talked about with the vomiting during oral sex.

    Other quotes: "The filming of Lizzy Borden's movie Forced Entry, which included several simulated rapes, was covered in the PBS Frontline documentary American Porn which aired on February 7, 2002; the makers of the documentary were repulsed and walked off the set."

    I will also say this: I have NO problem with people doing whatever they want to behind closed door, as long as they are consenting adults. Heck, I don't mind them filming it and selling it. But where do you draw the line? THAT is what the court has done.

    And btw, how do you know that what _I_ do in my bedroom doesn't shock you?

    --
    Un paio di scarpe, per favore!
  280. Re:Privacy? Huh? by Anonymous Coward · · Score: 0

    Privacy Think of the children's

    Anyone since pre-2000 should have seen this one coming.

  281. Re:Privacy? Huh? by Omestes · · Score: 1

    You haven't been at your wits end, have you? I've been in a mentally abusing relationship as a young woman. No-one held a gun at my head, but I could not leave. The point is this: sometimes you do things you don't want to, because you think you have no options.

    To belay the fact that I'm not some inhuman troll, I agree with this. But, legislating from this is a slippery slope type problem. Tragedy happens, but I don't think its the place of government to legislate it away. It, to use a weak, non-car-based analogy, is like trying to ban alcohol because we know that some people can't handle it; or banning video games because a small bunch of kids have problems distinguishing reality from fantasy. I can understand the human part of this, but I have something against attacking people for the sake of the lowest common denominator.

    We must watch out for hurting the majority for a minority.

    As I stated before, we should be providing opportunities for these people, and not taking away anything. If your stuck in the bottom, we should provide escape, and not carpet bomb the bottom. Yes, I'm mangling metaphors, I need more coffee.

    I went to college in a rather small town, so small it only had one strip club. Most of the strippers were college students trying to pay their way through school. Some of these girls were demeaned by their jobs, heavily so. I knew a couple though who LOVED it, and this isn't hyperbole.

    I'm sure we could read deeper into this, I personally think there is something strange about people who like heavy torture sex, find bodily fluids a turn on. I think these spring from deeper psychological problems. But this should have no bearing on the practice being allowed or not. The sexual quirks are a symptom of a deeper issue, we must address that before we can address anything else.

    Sorry for jumping on you, I'm sick of people legislating morality, or people who use the term "know better". My girlfriend has lesbian neighbors, and I always want to invite our more conservative friends over, and tell them that there are gay people doing gay things next door, and the world hasn't collapsed yet.

      And btw, how do you know that what _I_ do in my bedroom doesn't shock you?

    I'm sure it might, especially if there is battery clamps involved. Seriously, though, as long as its in your bedroom, I don't much care what you do, or do to whom. And I think we need to watch out, because there are people who do, and we don't want to give them more power to restrict this.
    I'm sure it might.

    --
    A patriot must always be ready to defend his country against his government. -edward abbey
  282. Re:Privacy? Huh? by Anonymous Coward · · Score: 0

    Privacy Think of the children's

    Anyone since pre-2000 should have seen this one coming.

    That should've been the bracket beside the M (didn't come across for some reason). Fail post. :p

  283. justification? by reiisi · · Score: 1

    So, because we fail to regulate abuse x and abuse y by law, we should quit trying to regulate abuse z by law?

    That's another slippery slope.

    Hazing can get pretty abusive. Should we allow all forms of hazing just because we allow mild forms of hazing? Should illegal acts of violence committed during hazing be allowed because it's "just hazing" and (theoretically) the initiates asked to be hazed by signing up for the fraternity/sorority?

    Should such such violent hazing (ergo, done without stunts and special effects) that is recorded on film be allowed because it's an expression of free speech?

    In fact, there are all sorts of slippery slopes here.

    Should we allow people to maim themselves on film in the name of art? How about committing suicide?

    Should we allow films in which the actors are hired (in other words, it's in the script and in their contracts) to actually maim themselves, or commit suicide, or be murdered on film?

    --
    Computer memory is just fancy paper, CPUs just fancy pens with fancy erasers; the 'net is just a fancy backyard fence.
    1. Re:justification? by MightyMartian · · Score: 1

      If they consent, and if they could not be deemed as being incapable of giving consent (ie. someone who is mentally ill), then I'd sooner er on the side of freedom than on the side of protecting people from themselves.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    2. Re:justification? by reiisi · · Score: 1

      Lots of ifs there.

      I think, if we were to present this kind of argument in court, the judge is going to ask something along the lines of why we should assume that someone who is willing to to drink natural but biologically hazardous materials just to be on film is actually capable of giving consent.

      Think of it this way -- do we really want to create yet another government regulatory department just so said department can check the age and mental and legal competence of actors and actresses? Make sure the contracts were freely entered into and not influenced, for example, by extreme poverty or emotional instability? or peer pressure? Check that really dangerous stunts are actually done with special effects? And so forth?

      I suppose, if the entertainment industry (not just porn) is going to continue to push the edges of social responsibility, maybe we do need to bring the entire movie industry within the reach of OSHA or whatever the current equivalent agency is.

      --
      Computer memory is just fancy paper, CPUs just fancy pens with fancy erasers; the 'net is just a fancy backyard fence.
    3. Re:justification? by MightyMartian · · Score: 1

      Oh come on. This would be no different than any other form of contractual agreement. If someone has a beef, they complain, but we don't have watchdogs making sure every will that goes to probate wasn't somehow the product of cohercion. It's up to an interested party to lodge a complaint, and why should it be different here? If someone thinks "Hey, I don't think that guy really wanted to eat shit", then they can go through normal channels. If the guy was forced to eat shit, well, there's what's called police, not to mention potential civil remedies.

      Is there any evidence at all in this particular case that anyone taking part in these films was not consenting? I doubt it, otherwise we'd be seeing rather different kinds of convictions. So, at the end of the day, your arguments are red herrings.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    4. Re:justification? by reiisi · · Score: 1

      How many of your friends ride a motorcycle?

      How many hang glide?

      Rock climb? Bungie jump?

      How many of your friends have consumed human waste for curiosity? on a dare? How many of those would do it again? Or admit in mixed company that they have?

      How many of your friends would do such a thing for money and fame?

      There is a difference. Whether we want to admit it or not, when it comes to things that relate to. or appear to relate to sex, logic seems to fail us. When logic fails, it's very easy to apply improper influence. So, yes, it is different from ordinary contracts.

      --
      Computer memory is just fancy paper, CPUs just fancy pens with fancy erasers; the 'net is just a fancy backyard fence.
    5. Re:justification? by speedtux · · Score: 1

      So, because we fail to regulate abuse x and abuse y by law, we should quit trying to regulate abuse z by law?

      But there is nothing intrinsically abusive about pornography; its creation and distribution are voluntary business transactions between adults.

      That's another slippery slope.

      Well, I'm not willing to support laws because of tired "slippery slope" arguments.

      Should we allow films in which the actors are hired (in other words, it's in the script and in their contracts) to actually maim themselves, or commit suicide, or be murdered on film?

      Depends on the legality of those acts. If they are legal, then you should be able to do them for pay and/or on film.

    6. Re:justification? by MightyMartian · · Score: 1

      So your final defense of your position amounts to little more than pseudo-psychological superstition. I suspect that's what lies at the heart of all of this. No one can actually defend the conviction of these people under any notion of liberty, so it ultimately becomes the same old prudish foolishness that has so long made American society so fundamentally hypocritical.

      In other words, these people will go to jail because people like you are afraid to do deal with your own hangups.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    7. Re:justification? by DrLang21 · · Score: 1

      Why is this so complicated to you? If you make a law, you apply it to every single case that falls under that law. If hazing is illegal, the law should clearly define hazing, and every single case of hazing should be prosecuted. This is why it's so important that definitions be carefully considered in Congress. Fumbling around with this "I'll know it when I see it" idiocracy is really just laziness.

      You either allow free speech or you don't. You either allow consenting adults to engage in BDSM or you don't. There shouldn't be a slippery slope here.

      --
      I see the glass as full with a FoS of 2.
    8. Re:justification? by reiisi · · Score: 1

      The laws exist.

      You don't have to legally define hazing to deal with it unless you live in a state where hazing has become such an ingrained tradition that there needs to be a specific law to convince the guys that do it that tradition does not trump law.

      In certain states, hazing specific laws exist specifically because hazing has become such a problem.

      In other states, common law and standard legal practice concerning unreasonable or unconscionable contracts is sufficient to prevent any contract, including a hazing pledge, from becoming a license to assault.

      For those who understand the law.

      And, no, free speech is not absolute. Do I need to cite you back to the archetype example of crying "FIRE" in a crowded theater?

      As far as slippery slopes go, unfortunately, human language is inexact. Ethics and justice are also inexact. Maybe you don't want there to be a slippery slope here because you want free speech to protect your access to your hit of porn. No, I don't know why you seem so determined to assert that free speech is absolute on the ground where you stand, but, whether you want to believe it or not, there are both slippery slopes and quicksand pits aplenty here.

      Otherwise, we really wouldn't need judges. Hardly even need lawyers, just legal assistants who would enter the data for both sides into a large rules engine with a large database, which would spit out the decision, and no need for appeals.

      --
      Computer memory is just fancy paper, CPUs just fancy pens with fancy erasers; the 'net is just a fancy backyard fence.
  284. Re:Privacy? Huh? by mpe · · Score: 1

    I have no doubt that the porn they were distributing could well have been "degrading" women by portraying them in a "vile and depraved manner",

    The thing the prosecutors appear to have missed is that video porn is acting. There's plenty of degrading scenes in non porn (including big budget) movies. But you don't see these people going after Hollywood...

    I'm sure my imagination is a little better than yours Mary Beth, being that many pornographic movies serve exactly that purpose..

    Considering that quite a few "family values" types have turned out to be perverts and/or rapists you never know :)

  285. THIS is what is really perverse! by Hurricane78 · · Score: 1

    That you go to prison for porn or nudity, in a supposedly modern, first-world state.
    I'm sorry, but that is purest theocratic behavior!

    And by the way: So they were forbidden to do it, because God forbid there might get any porn on the Internet?!?
    Were they (the plaintiff, the judge, the jury) ever in their whole life on the Internet, or did they ever heard about it?

    This is really sick and perverse... what religious schizophrenia can make people do to other people. I hope religion dies in its own hell!

    --
    Any sufficiently advanced intelligence is indistinguishable from stupidity.
  286. Re:Privacy? Huh? by Chirs · · Score: 1

    You have to consider the definition of "harm" though.

    If you consume something that's bad for you, it may cause you to be more likely to die earlier, thus increasing my taxes or my insurance premiums, or maybe leaving your kids with nobody to take care of them. If you're using offensive language in front of young children, you may be causing them or their parents emotional harm.

    If you really aren't hurting anyone else, I've got no problems with it...but that scenario is pretty rare.

  287. The point of free speech by johncandale · · Score: 1

    The point of free speech is not to protect what you agree with, but what you don't agree with. If free speech didn't offend someone, you wouldn't need the amendment .

  288. Good thing... by Anonymous Coward · · Score: 0

    The Repubs aren't in power so that they can't hold us hostage to their right-wing uptight beliefs. Oh, Wait. Never mind.

  289. Mods on crack again? by Anonymous Coward · · Score: 0

    Wow, a completely accurate and noncontroversial statement that appears to be based on actually reading the article. Moderated "troll." Nice work.

  290. Re:Privacy? Huh? by Anonymous Coward · · Score: 0

    Captors? The story didn't say anything about her being kidnapped.

  291. Re:Privacy? Huh? by Anonymous Coward · · Score: 0

    tl;dr: Your kink is not my kink.

  292. dangerous jobs by reiisi · · Score: 1

    Sure, accidents happen in every industry.

    Too much regulation. Too little regulation.

    Right now, the "entertainment industry" is not regulating itself. Too many envelopes being pushed at once. That's going to invite regulation.

    However, 12 of 249 is what? 5%? Does the porn industry account for 5% of actors overall? Is one in 20 actors working in porn?

    To tell the truth, I'm inclined to think it's time to dissolve the RIAA and MPAA, not just because they are screwing with the copyright law, but because they've enabled the entertainment industry to become too big, too centralized. When things get that big, the government has to watch their activities much more closely. Minor abuses in big industries quickly become major abuse, where similar things in small industry will not become so much a part of the momentum of the industry that society has to do something.

    --
    Computer memory is just fancy paper, CPUs just fancy pens with fancy erasers; the 'net is just a fancy backyard fence.
  293. Re:Privacy? Huh? by Swampash · · Score: 1

    The English kicked the Puritans out, and I think it's time for Americans to do the same.

    Noone kicked the Puritans out, they simply decided to sail across the sea to America to found Jesusland. And, as the topic at hand clearly demonstrates, they were successful.

  294. Yeah, privacy. by reiisi · · Score: 1

    You're staring at one of the reasons for regulating the obscene and you can't even see it.

    Maybe it's her fault she trusted the wrong friends. Maybe it's her fault she thought that any kind of modeling might be in some sense legit.

    Maybe it's your fault your stupid, too.

    Or, maybe you're one of those friends she shouldn't have trusted.

    --
    Computer memory is just fancy paper, CPUs just fancy pens with fancy erasers; the 'net is just a fancy backyard fence.
  295. Who does it affect? by reiisi · · Score: 1

    Government is not the only institution that can take people's freedoms away.

    --
    Computer memory is just fancy paper, CPUs just fancy pens with fancy erasers; the 'net is just a fancy backyard fence.
  296. victimless? by reiisi · · Score: 1

    We are talking about some of the victims, here. If we even admit that sometimes people are induced into it through improper influences, it's not victimless.

    Yeah, social and economic activities tend more to abuse when driven underground, but I don't want to invite government regulation, either. We should, as a society, be able to regulate ourselves. (Or, maybe, I should say, learn to regulate ourselves.)

    --
    Computer memory is just fancy paper, CPUs just fancy pens with fancy erasers; the 'net is just a fancy backyard fence.
    1. Re:victimless? by Abcd1234 · · Score: 1

      If we even admit that sometimes people are induced into it through improper influences, it's not victimless.

      Okay. So, here we have a group of people who decide to make a porn. Tell me, who are the victims? Are the actors, who choose to participate, victims? Are the directors? The producers? Who? Who, in this scenario, is a "victim"?

      And before you point out that the woman in the OP's anecdote is a victim (which she may be, presumably a rape victim, if the OP is to be believed), remember, the production of porn doesn't typically involve the drugging and raping of the actors. In fact, the industry has, in general, been extremely good at self-regulating to protect all those involved (for example, requiring STD tests for actors).

      So, given that, once again I ask, who are the victims?

      Yeah, social and economic activities tend more to abuse when driven underground, but I don't want to invite government regulation, either.

      Uhh... what the hell do you think obscenity laws are, exactly?

      We should, as a society, be able to regulate ourselves.

      And now you contradict yourself. Do you want the government to "regulate" obscenity, or not?

      Hell, ignoring that contradiction, what would you prefer? That we get the government out of the regulation game entirely? Should we do away with all health and safety regulation? What about food labeling requirements, banking regulations, pollution regulations, and so forth? I mean, those are just nasty rules getting in the way of the magical free market, right?

    2. Re:victimless? by reiisi · · Score: 1

      If you think that all porn is produced squeaky-clean like the brochure from the company tells you, I've got a bridge in Brooklyn I can sell you, too.

      Of course, they have to claim to be squeaky clean. Of course they have to produce model cases as evidence. And then there's all the rest that they have to sweep under the rug.

      Don't kid yourself. If Hollywood can't operate clean, there are definitely makers of porn cutting ethical corners, too. No question about that.

      If you think the current obscenity laws is what government regulation is all about, go read your state's regulations. All 12 or 16 or 30 thick volumes of it. In the same library, they're likely to have a copy of the federal regulations, so take a browse through those volumes, as well.

      Oh, wait. You seem at least a little familiar with what the government has done relative to food labeling, etc.

      Do you really want that kind of detailed regulation about what can go in a work of art or literature?

      --------------------
      If the theme is A, acts P and Q are allowed, but not R, S, T, or U. But if the ostensible moral of the plot is C, P is disallowed and R is allowed, but only from the waist up, and only if it involves exactly one male and one female, unless the advertisements declare that it is published expressly for homosexuals, in which case it must be two males, neither of which may be males of color (to avoid racial slur, you see).
      --------------------

      That's what is going to happen if the producers of porn don't exercise a little self-restraint.

      Yeah, I'm not a fan of porn, but I do recognize the necessity of free speech. You and people like you seem to be all hung up on getting one "freedom" that will create a backlash that will let the government get its claws in all speech. It's the backlash that I'm worried about here.

      --
      Computer memory is just fancy paper, CPUs just fancy pens with fancy erasers; the 'net is just a fancy backyard fence.
  297. Re:Privacy? Huh? by Cstryon · · Score: 2, Interesting

    Just to add, here is what they plead guilty too: http://www.law.cornell.edu/uscode/18/1465.html Now, if any one could help me out on this, what does the DOJ mean by obscene, lewd, lascivious, or filthy. I could say Playboy was that, but that's just my moral beliefs. Anyone have a DOJ dictionary or some/such?

    --
    Indoctrinate : to instruct especially in fundamentals or rudiments Educate : to develop mentally, morally, or aestheti
  298. Re:Privacy? Huh? by reiisi · · Score: 1

    As long as people are alive, they have to go to the toilet regularly. Cleaning up after that is not exactly the safest job, but it is honorable, even though society doesn't always recognize that it is.

    Janitors are necessary in any society that maintains infrastructures.

    Sex is not as necessary as some want to say it is, but it isn't exactly something the race can live without, either.

    Porn is not exactly necessary. In fact, for most people, porn is either superfluous or actually offensive.

    It is a necessary fact (different meaning of necessary, here) that porn exists.

    What some people view and use as physiological diagrams, others (or even some of the same) will view and use pornographically. That's going to happen in a society of free, imperfect people. We don't want to regulate that because regulating it will require judging too many people's intent too regularly basis.

    It's better when people will keep their behavior within reasonable limits, so as not to cause problems for others.

    We know about endorphins. They are natural, but they do cloud judgement. Inducing them with pornography is somewhat similar to pushing opiates, even though a lot of people don't want to admit it.

    I'm going to go out on a limb, here. I think there are some people who have personal issues that (temporarily) viewing pornography may help them work out. If I'm thinking this way, I'm thinking that we would want them to be consulting some sort of psychiatrist or spiritual leader as long as they are doing this. I'm not sure we have any specialty field capable of handling it, however. The porn industry and the sex industry at this point in time are too biased towards making money.

    --
    Computer memory is just fancy paper, CPUs just fancy pens with fancy erasers; the 'net is just a fancy backyard fence.
  299. Re:Privacy? Huh? by speedtux · · Score: 1

    This girl's girlfriends got her to come down to LA to do "modeling" which then turned into drinking and drugs on a scale she wasn't used to, ... Top shelf pussy, just ruined by porn. There's nothing happy about that story.

    She's an adult? Then she's responsible for her actions. She wasn't ruined by porn, she was ruined by being irresponsible. It's not the law's purpose to protect adults from doing stupid, irresponsible things with their lives.

  300. Re:Privacy? Huh? by Anonymous Coward · · Score: 0

    > I personally think there is something strange about people who like heavy torture sex, find bodily fluids a turn on

    I agree! Normal people like their vaginas dry.

  301. GOSH!!! by Anonymous Coward · · Score: 0

    Gosh, if you /.ers got as enraged over infrignements on crapping in someones mouth as you did nationalizing industries, we might actually have a future to look forward too...

  302. From an idiot who uses words like "boxen" ... by reiisi · · Score: 1

    One, maybe if this kind of story is posted all the time it is because it happens all the time.

    Two, if you can't have sympathy for people who get sucked into this kind of thing, then I suppose you can't have sympathy for people who get pushed into buying vacuum cleaners from door-to-door salespersons or drugs laced with cyanide on the streetcorner.

    Or for the shy kid in the locker room who gets pushed into giving the jock head, or for the scared and not-quite-innocent jokers on the sidelines who watched it play out. Or for the guy who might have been able to stop it but left because he could see what was happening and didn't want to risk getting his head beat in again.

    Or for the (pregnant, no less) woman whose husband, for his own supposed glory, berates her and otherwise uses bad logic on her, and finally, when all else fails, drugs her up, wraps her up in explosives, and sends her out on a suicide mission to show them damn yanks a thing or two.

    Degrading? Yeah, pornography degrades, but when you've degraded yourself, it's easy to pretend it doesn't.

    It may be a sin to let a bleeding heart move you to make bad laws, but a bleeding heart is not a sin. And it isn't a sin to try to help people who get caught in these kinds of traps.

    Or maybe you're one of those who think you profit from catching people in traps?

    But if the industry can't regulate itself, bad laws are going to end up being made. So get off your high horse and listen to reason.

    --
    Computer memory is just fancy paper, CPUs just fancy pens with fancy erasers; the 'net is just a fancy backyard fence.
    1. Re:From an idiot who uses words like "boxen" ... by RedK · · Score: 1

      I'm the kind of person who has empathy for real people, who are living real life problems. Not to stories made up by people on the Internet in order to try to push some agenda. Like your post. None of your examples are actually real, just some hypothetical situations you came up with to try and show that you are compassionate while others aren't. In the end, you're the guy who's trying to profit from people's emotions, which you use to trap them. Congratulations on hypocrisy of your post, you have become what you try to denounce.

      This guy's story is just an anecdote. He doesn't provide any true details. In the end, you take it for what it is. There's no empathy to be felt, it's a generic story about some generic person who might or might not exist and who might or might not have lived these events. I'm sorry for the state of humans nowadays, that we must try to exploit others using pain and misery, be it through abuse or through forced empathy.

      --
      "Not to mention all the idiots who use words like boxen."
      Anonymous Coward on Monday August 04, @06:49PM
  303. Re:Privacy? Huh? by HybridJeff · · Score: 1

    He diddn't say that porn degrades all women, but he implied that porn was what ruined her life. Not being raped or taken advantage of but rather the fact that she was in a porno and people knew it.

  304. Your favorite slippery slope to ride down? by reiisi · · Score: 1

    Hmm. I suppose we don't want to make laws against deliberately maiming oneself. Not that we think it's a good idea, but that it would be hard to enforce.

    We really don't want to make laws that would prevent contracts where there is a possibility of one party to the contract ending up getting maimed in fulfillment of the contract. That would put professional stunt actors and professional sports and firefighting and all sorts of other things outside the realm of contract. (At least, with the current legal definition of contract, we wouldn't want that.)

    And if you can't see a difference between, say, contracting a motorcycle stuntman to make a dangerous jump with plenty of preperation and contracting an inexperienced young motorcyclist to crash a motorcycle into a wall at high speeds, for the express purpose of filming the injury processes, well, it's going to be hard to talk with you.

    Legal or otherwise, there are some potential acts of business that should not be engaged in, and, sometimes the difference is in fact a matter of intent.

    And a camera rolling implies something about the intent, too.

    --
    Computer memory is just fancy paper, CPUs just fancy pens with fancy erasers; the 'net is just a fancy backyard fence.
  305. Privacy can help heal. by reiisi · · Score: 1

    Maybe she needs time to heal the wounds of being betrayed by friends before she allows herself to be put _back_ in the limelight by taking this to trial.

    Maybe she never quite ends up healing enough to dare.

    Being sensitive is not necessarily a sin.

    And you are not her psychiatrist.

    --
    Computer memory is just fancy paper, CPUs just fancy pens with fancy erasers; the 'net is just a fancy backyard fence.
  306. Final defense? by reiisi · · Score: 1

    No, my final defense will be this, when I get to it:

    You have to face the consequences of your own blindness. I can't do that for you.

    But I can try to tell you that you are blind. Which I have done several times unsuccessfully.

    But how many of your friends would consume human waste for money and fame? Could I tell you how I think money and fame aren't worth the health risk of consuming human waste?

    How many of your friends would consume human waste for the indirect sexual thrill? Could I tell you how I think sexual thrills can be had with much less danger?

    Yeah, I can defend this conviction under quite a few different theoretical frameworks of liberty, and some notions of liberty as well. So far, you don't seem to be willing to listen. You don't seem to understand that freedom cannot be absolute if you want to do anything.

    Physics -- Friction restricts freedom, but can you get any traction without friction? Can you move at all without any restrictions?

    --
    Computer memory is just fancy paper, CPUs just fancy pens with fancy erasers; the 'net is just a fancy backyard fence.
  307. Re:Privacy? Huh? by Anonymous Coward · · Score: 0

    The supreme court is only supreme by fiat.

  308. Re:Privacy? Huh? by drinkypoo · · Score: 1

    Noone kicked the Puritans out, they simply decided to sail across the sea to America to found Jesusland. And, as the topic at hand clearly demonstrates, they were successful.

    The Puritans were persecuted right onto those leaky boats. Unfortunately, they were neither persecuted hard enough, nor were the boats sufficiently leaky.

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  309. Re:Privacy? Huh? by Anonymous Coward · · Score: 0

    There's a lot of porn imported into Canada every year. Some never make it across the border, though I'm sure 90%+ of it is from the USA. The law here is also almost too flexible.

    Every once in a while I read through the list of declined for Import list on the Canada Customs website. Its strange that a movie with 18+ year old "School Girls" lesbians having sex, or having sex with their Math teacher is perfectly acceptable. Yet, when you look at the list of things being turned around, it seems that simply wearing a "Gimp Suit" is unacceptable and obscene. It also seems that this material is turned down to individuals for personal viewing but, many adult retail stores carry similar videos legally for sale.

  310. Re:Privacy? Huh? by MindlessAutomata · · Score: 2, Interesting

    Don't forget their little legal litmus tests and stuff. It's like a religion, it's like shamanism, the average person can get nailed on something because we have so many obscure laws.

  311. Re:Privacy? Huh? by IgnoramusMaximus · · Score: 1

    This is what you get when a country is overrun by truly obscene parasites called "lawyers" and eventually virtually becomes run by them, to their own benefit. Also note that the witch-hunter-in-chief, Beth Buchanan has a long history of ideologically-motivated abuses of her office and is probably the most obscene individual in this whole fucking sorry affair.

    As to "rebooting" America, good luck with that. History teaches us that these things do not happen. And pretty much everyone who paid any attention whatsoever over the last few decades can see that in fact all the parts of Western civilization that were born in the Enlightenment, when reason and humanism triumphed over the superstitions and blind acceptance of societal "oder" of the Dark Ages, are now in decline. The "America" that you bemoan being lost was a part of that progress, its Founding Fathers' ideas being born in that Enlightenment. And so we get the misfortune to live our days in this long twilight of yet another era, to be replaced by an epoch of authoritarianism, fascist-like ideologies and ruled by limitless greed. A new Dark Age is upon us.

    The good news, although not for our generation, is that history is a never ending cycle of booms and busts, and so after these Dark Ages, another Enlightenment will come. Although this knowledge will be of little comfort to those who are yet to die in Iraq-style wars of Imperial Conquest, or as victims of never-ending "wars" on "drugs", "porn", "ill manners", "religious views incompatible with the state religion" and whatever other calamities are to come during the thrashing of dying throes of this epoch's Enlightenment.

    It is enough to get one quite depressed.

  312. Fuck "fire" in a crowded theater. by qieurowfhbvdklsj · · Score: 1

    The government must be held to a standard that allows only such specific bans on speech as the classic "fire in a crowded theater".

    Sure, make it illegal to intentionally cause panic in a theater, but don't make it illegal to yell "fire" anywhere, otherwise the next thing in line is any other speech that someone believes causes a problem. It's really the causing of the panic that is the problem anyway. No one cares when yelling "fire" is one of the lines in the play, nor would anyone really care as much if the yelling of "fire" simply failed to cause a panic.

    There just isn't a legitimate reason to limit the freedom of speech. You can make it illegal to cause panic, you can make it illegal to harass people, but there's just no reason at all to ever limit speech that fails to cause any harm, let alone speech between two consenting adults.

    I think the simple test is to ask whether or not anyone could cause the same problem without saying anything. Surely the same panic in a theater can be caused without saying anything. People can certainly harass one another without saying anything. If it can be done without saying anything, then clearly speech isn't the problem, but merely the chosen method.

    If pornography is illegal simply because it is "obscene" then we're fucked since you can't argue that no one finds it offensive, but if it's illegal because it is harmful, then there's room to argue that it isn't harmful at all, or at least not harmful enough to matter. (We allow the sale of tobacco, after all.)

    It's simply dumb that pornography be limited because some people have declared that it doesn't say anything worthwhile. At the very least, all pornography communicates to people that they're not as alone as they thought, since they're not the only person in the world with a particular interest.

  313. Re:Privacy? Huh? by MindlessAutomata · · Score: 1

    The real problem is that the government has managed to convince everyone that "obscenity" isn't speech. Since they control the definition of obscenity, they control the definition of speech.

    Beautifully put.

  314. Re:Privacy? Huh? by Anonymous Coward · · Score: 0

    About 65,000 rapes took place in state and federal prisons in 2007.

  315. Re:Privacy? Huh? by almechist · · Score: 1

    First they came for the porn stars, but I did nothing because I was not a porn star. Then they came for the dirty magazine publishers, but I did nothing because I am not a dirty magazine publisher. Then they came for the pin-up girls, but I did nothing because I am not a pin-up girl...

    ...and then we had no porn, and no one came.

    There, fixed that for ya.

  316. Re:Privacy? Huh? by Anonymous Coward · · Score: 0

    I wonder where the Gary Coleman sex tapes are?

  317. Re:Privacy? Huh? by Anonymous Coward · · Score: 0

    I wonder if what he meant was that we shouldn't take up cases that are more offensive on the grounds that if they loose at a higher level we end up with bad precedents. On the other hand if we take up cases that won't loose- then win precedents we can use them for the benefit of free speech- speech we may not agree with.

  318. Re:Privacy? Huh? by Snover · · Score: 1

    And for most of those years, it was believed that masturbation was sinful and lead to disease, and that sodomy was something so immoral that it needed to be criminalised. (The arguments against sodomy were basically identical to the arguments against obscenity, and were once upheld in 1986 (Bowers v. Hardwick) only to be reversed in 2003.) We know better now, about all of these things, including the effects of "obscene" material -- and the Supreme Court ought to, too, if it ever finally gets back to them.

    --

    [insert witty comment here]
  319. Re:Privacy? Huh? by Anonymous Coward · · Score: 0

    Does that answer your question?

    Only if the question is, "Is ShieldW0lf a fantastically retarded cretin who ineptly tries to pass off cartoonish conspiracy theories as world-weary cynicism?".

    Also, you have now been screaming your constant litany of confessions for nineteen days straight.

  320. Re:Privacy? Huh? by bogjobber · · Score: 1

    Yes, laws against porn exist. Basically, its only 'obscene' porn that the laws target.

    No, there are a lot of old-fashioned porn laws still in effect around the country. Here in Utah, for example, there are so many regulations about where and how you can sell porn, that it's close to impossible to buy explicit porn from a physical store. There are also laws on the books that make it illegal to receive porn through the mail and I'm pretty sure it's illegal to view porn online, but since those are such small crimes and impossible to enforce they're never prosecuted.

    I'm pretty sure there are other places across the country where the situation is similar.

  321. Re:Privacy? Huh? by bogjobber · · Score: 1

    Yeah, that's actually what the law states w.r.t. obscenity in the US. There is a pretty famous court case against a porn distributor where a lawyer subpoenaed pay-per-view records from hotels in the area, which proved that watching porn was very common in the community.

  322. Re:Privacy? Huh? by DrLang21 · · Score: 1

    I believe the term I've heard used is "I'll know it when I see it."

    --
    I see the glass as full with a FoS of 2.
  323. Re:Privacy? Huh? by bogjobber · · Score: 1

    Nobody from your "side" has addressed the point. You keep calling them rapists, but if they were rapists why weren't they charged with rape?

    If the girl was raped, don't you think the government would go after that (extremely serious) crime before charging them with the relatively minor crime of distributing obscenity?

  324. Re:Privacy? Huh? by bogjobber · · Score: 1

    Rape fantasy is actually pretty common. Percentage-wise it's probably a very small portion of porn, but I wouldn't say it's any more extreme than BSDM, snuff films, hentai, or other niche movies that most people find weird and/or disturbing.

  325. Re:Privacy by 1u3hr · · Score: 1
    Maybe she needs time to heal the wounds of being betrayed by friends before she allows herself to be put _back_ in the limelight by taking this to trial.

    I'm not the one "putting this in the limelight". Appatrntyl it;s already so.

    And you are not her psychiatrist.

    Who is the one pontificating about "healing wounds", etc, etc?

    YOU are not her psychiatrist.

  326. "Appatrntyl" you want to be her psychiatrist? by reiisi · · Score: 1

    According to what we have heard of the story, she has secluded herself.

    One doesn't have to play psychiatrist to guess that she may not be emotionally ready for court. One only needs to guess that there may be a reason for her not pressing a case to shrug and say, "Maybe there is a reason for her not pressing a case."

    On the other hand, one does have to take the position that one knows more about what's best for her than she herself does to demand that she should go to court and face those who attacked her.

    Do you think you know that much more about what is good for her than she herself does? Do you really want to assume that she hasn't already been in contact with lawyers, psychiatric help or psychological counseling, and maybe even the police?

    Maybe you want to be her psychiatrist? or her lawyer, or priest, social therapist, police liaison or whatever? Just so you can spout your artificial ideologies at whim?

    Do you really think you know more about what about what she should do than she does?

    --
    Computer memory is just fancy paper, CPUs just fancy pens with fancy erasers; the 'net is just a fancy backyard fence.
  327. fuck off by 1u3hr · · Score: 1
    I made a typo, and you make that your headline? Asshole.

    Let the healing begin. Or fuck off, I don't care.

  328. Larry said "no thanks" by commodoresloat · · Score: 1

    I see nobody's answered your original question - where's Larry in all this. Extreme Associates actually asked for his help, and he declined. He sees this kind of porn as a threat to the industry. He said "It's cutting your own throat. This has nothing to do with the First Amendment, it takes an idiot to create a product that he knows he can't defend in court that's going to send him to prison." So Larry's not going to come bail these guys out.

  329. Re:Privacy? Huh? by commodoresloat · · Score: 1

    Perhaps, but you should really respond to what he actually wrote rather than what you believe he implied. In any case, I think your inference is mistaken.

  330. Re:Privacy? Huh? by jez9999 · · Score: 1

    I saw the documentary "Deep Throat" some time ago, and it said that there were still laws against porn in the US - I couldn't believe it, but it seems to be true.

    But wait. I thought the idea was that if the laws were unconstitutional and passed by the federal government, *they didn't apply* and your defense would simply be that the law was unconstitutional and therefore you've broken no law that applied. Any anti-porn law would seem to violate amendment 1. Could someone tell me how those laws being existance (because of boneheaded prudes) changes things?

  331. Re:Privacy? Huh? by RockDoctor · · Score: 1

    Since the summary didnt tell it: "Extreme Associates produced and distributed sexually degrading material that portrayed women in the most vile and depraved manner imaginable,"

    It may not be your taste, but that sounds like "high art" to me.

    Oh, didn't various Supreme Courts rule on that a few years ago. Something about photos of Robert Mapelthorpe buggering himself with a bull-whip? One of my colleagues has a photo of that on his living room ceiling, above the dining table.

    --
    Birds are not dinosaur descendants;birds are dinosaurs, for all useful meanings of "birds", "are" and "dinosaurs"
  332. Re:Privacy? Huh? by Anonymous Coward · · Score: 0

    and repeating it here is the ultimate proof that it works. Never heard of Bill Hicks before but I'm a great Carlin fan, now I have more stuff to go see. thank you. And keep spreading those seeds...

  333. Re:Privacy? Huh? by blackraven14250 · · Score: 1

    By that logic....

    Drinking = good

    Driving = great

    Drinking and Driving = Horrible

    Above system of equations = travesty of justice

  334. Re:Privacy? Huh? by blackraven14250 · · Score: 1

    The 5th amendment said it saw nothing.

    Fixed that for ya.

  335. Re:Privacy? Huh? by LeneJ · · Score: 1

    First, I don't think you're an inhuman troll :) I just think that like most, you (and I) read the article, which seems like "what are they talking about" and jumped on the assumption that they were trying to legislate porn. I honestly do not think that was what the case was about. I think it was a case about drawing the line. How depraved is our porn going to get before we say no? We have (fortunately!) said no to child porn. This band of people had films were overage actors were dressed to look younger than 18 to have sex with older men. I believe that is not allowed, they HAVE to look older than 18, if I remember correctly (I may be wrong).

    As for porn, I am ambivalent. As you said, some do it because they don't have any other options, while others love it. I am of the strong opinion that whatever two consenting adults do, is THEIR option, and we should not meddle. I am European, as I mentioned, where nakedness is very normal, where sex isn't legislated as it is here. Most of Europe let 16 year old (and some younger, I think Iceland it's 14) have sex legally. We don't have laws that ban oral sex (like my state, VA, does). I think a lot of what is wrong with the US is the "moral" people. I probably should say Christian (right), because that's really who we're talking about. As a Christian it pains me that we have forgotten the lessons of Jesus to turn the other cheek, but that's a discussion for another time.

    Oh, well, no to go look for a new battery ;) (I _am_ joking!)

    --
    Un paio di scarpe, per favore!
  336. Re:Privacy? Huh? by Anonymous Coward · · Score: 0

    Hmmm I can't help but wonder if the Jesus having sex with an angel scene is what really brought the ire of the government against them..... For some reason an awful lot of religious nuts end up in powerful positions within the government. I don't know why these out of touch prudish old hypocritical men and women end up running the government. Often on the ballot both the Democrat and Republican are this. Then there are nuts who want to see the government burn running as 3rd party candidates. Finally there are a few 3rd party candidates who might be worth a second look who don't stand a chance. But many times there is a Democrat and a Republican and that's it.

    I'm not a fan of either party. I'm fine with people having their own religion. If you want to respect Jesus and worship god and stick to your moral values that's fine. When you try to shove your moral judgement down my throat that pisses me off. When you try to shove your moral values down my throat while secretly disobeying those same values that makes me want to kill you.

    But anyway there are tons of porn sites out there, I know because I view them LOL. But there aren't many depicting Jesus screwing a bunch of angels.....And an awful lot are just closed down, but these guys get jail time.... Hmmmm. Nothing else sounds that different from many of the others. Admittedly the acting like underage girl thing is also a problem because the government calls that child porn at times when it suits them. Under their logic even Samurai X would be child porn. But anyway a lot of sites have schoolgirl fantasy things, it's pretty popular. Or other types. They don't go out of their way to act young. But you could make the claim that they are "acting under age". That's why I suspect the whole messing with Jesus thing sealed these people's fate.

  337. vigilance by CarpetShark · · Score: 1

    If they're doing prison time for it, apparently it's not protected speech... maybe it should be, but it's apparently not.

    "The price of freedom is eternal vigilance". When's the last time you saw the average american really being vigilant about threats to their here-on-the-doorstep freedom (as opposed to sucking in the crap about tiny barely surviving third-world terrorist groups wanting to destroy a superpower)?

    1. Re:vigilance by honkycat · · Score: 1

      Civil rights movement, current gay rights movement (including and beyond the marriage issue)...

      But your point is still a good one. The thing that bothers me about those, as well as the porn issue, is how few people that are not members of the "persecuted" (for lack of a more precise word) class fight for the rights of others.

  338. Re:Privacy? Huh? by niko9 · · Score: 1

    Not just titties.

    Hundreds of comments and no one has brought up the specifics of the porn they were making and convicted of.

    Lizzie Borden and her husband caught the attention of the feds because of a documentary called American Porn, being filmed by PBS Frontline. Borden directs the movies, and for this particular film (a rape movie) Borden had hired her friend as the rape victim. Borden never told her friend exactly what was going to happen to her and Frontline didn't know either.
    After the actress is thrown into the back of the van she was taken to a deserted building where 2 male "actors" proceed to actually beat the actress with fists while having sex with her. That's when the Frontline producer ordered his crew to stop filming and leave the premises. The film ends with the actors fakingly slitting the actress's throat and leaving her in a pool of blood.

    I'm not giving my opinion as to whether this constitutes "obscene" speech, but these are the facts.

    Now, I know a lot of folks will say that we see "depictions" like this on TV, but is that the same as someone actually being pummeled by fists while having sex? Discus...

  339. Re:Privacy? Huh? by Anonymous Coward · · Score: 0

    Yeah. You fool! Use this argument to defend Madoff. Leave the rest of us alone. While none of us want a nanny state, all of us are stupid sometime or the other, and if there were no legal protections and restrictions (against offense) we would all be in deep shit.

  340. The real reason by Paul+Johnson · · Score: 1
    From the linked article:

    Extreme Associates was the subject of a PBS Frontline documentary entitled "American Porn,"

    I suspect this is the real reason they went to prison. You can enjoy your odd habits, as long as you keep them out of sight. Its telling other people about it that is the real crime.

    --
    You are lost in a twisty maze of little standards, all different.
  341. Re:Privacy? Huh? by Jesus_666 · · Score: 1

    The question is, however, whether "something bad happened to one person" is a valid reason to ban porn. People get coaxed into doing stupid things with guns and end up dead - yet guns are very much legal in the United States. A few rotten apples don't justify the extinction of Malus domestica.

    Besides, not even all degrading porn is nonconsensual. I'm just thinking of John Thompson, who makes the "GGG" movies which are about nothing but women being degraded - yet the man has a good reputation (well, in certain circles) and employs only women who are aware of what's going to happen, as detailed by the women themselves. Of course starring in such a flick is still a good way to ruin your reputation but apparently a number of women don't mind that.

    I think that legalization of porn would be beneficial. Legalization allows regulation; criminalization not only ensures that the creators are criminals, it also encourages the criminals become peroducers.

    --
    USE HOT GRITS WITH STATUE OF NATALIE PORTMAN (NAKED AND PETRIFIED)
  342. Re:Privacy? Huh? by Jackie_Chan_Fan · · Score: 1

    Yeah it quite depressing. Its more depressing than the economy. Lets hope it burns down to the ground faster so it can rise from the ashes sooner.

  343. Re:Privacy? Huh? by budgenator · · Score: 1

    What they apply is what's called community standards"; basically whether you've committed a crime depends on the whims of an otherwise uninvolved third parties too stupid to get out of jury duty.

    --
    Apocalypse Cancelled, Sorry, No Ticket Refunds
  344. Re:Privacy? Huh? by metaforest · · Score: 1

    What do you expect from the /. crowd?

    The majority are men.
    The majority of these men are more comfortable with machines than people, let alone women.

    I'd say it's pretty clear from this thread that the majority have little experience with empathy, let alone sympathy.

    This anecdotal story of a woman being abused by pornographers sounds like it might have happened. If there is any basis in fact that this did happen then she should be encourage to contact the police regarding the matter. IANAL, but this sounds like like a variation of date rape.

    It has been argued here by some very insensitive clods that this woman acted foolishly and gets what she deserves.

    I'd like to put out for your cloddish consideration a thought experiment:

    Let's say you actually get out of your mother's basement for a night on the town... you laugh.... bear with me for a moment.
    You go out and take your trusty laptop to a old-school coffee shop or a tavern or whatever roost suits your tastes and meet a nice girl.... your laughing again....
    You talk for a bit and seem to be getting along.... and you find that she's single, and you both have enough in common that you finally decide to ask her for her phone number..... so you do.

    And then suddenly.... there's a not so subtle shift in her demeanor and with a bear minimum of pleasantries she's gone. AND SHE DIDN"T GIVE YOU HER PHONE NUMBER.

    Why? Because the odds are that she or a close girl-friend of her's has been raped, it was never reported, and she now has issues trusting men she meets casually in public. It doesn't matter what the specific scenario was in her case( or her girl-friend's), that kind of fear paints all men with the same brush. It makes it far less likely that any random single girl you meet in public is going to give you enough information to follow up with her. The reason has nothing to do with how charming you might be (now I'm laughing ) or anything about you specifically. She might even be quite interested in you. *Ahem*.....

    In an environment where 4 out of 5 women have either been raped(I'm using the broadest definition for rape here) or know someone who has, this nice girl's fear is going to check her initial impulse to trust you on any level beyond a casual convo in a public space.

    There's a lot more harm done by this combination of fear and remembered pain, and shame. It impacts the good guys because an otherwise attractive an interesting potential date is likely to have a big scary monster hiding under her bed. Trust me on this: you do not want to meet that monster. /soapbox

  345. Re:Privacy? Huh? by Anonymous Coward · · Score: 0

    It's called Republican build-up. Conservative filth has been running his country for 40 years.

  346. So, pain and misery don't exist? by reiisi · · Score: 1

    Wow. You surprise me.

    Are you saying that you don't believe these things happen to real people, or are you saying that, because I gave only general details, you aren't moved by them?

    If the former, how far removed from reality are you?

    If the latter, let me ask you again, do you have no sympathy for people who, whether through no fault of their own, or perhaps through some minor indiscretion on their part, get caught in the middle of some greedy people's plans to make lots of many in a way that is neither moral nor ethical, but not against some letter of some law, or perhaps (as in this case) somehow defended under some extreme interpretation of extreme concepts of freedom in some artificial world that ought to allow them?

    No, even if the latter, how far removed from reality are you?

    --
    Computer memory is just fancy paper, CPUs just fancy pens with fancy erasers; the 'net is just a fancy backyard fence.
    1. Re:So, pain and misery don't exist? by RedK · · Score: 1

      I'd say I'm closer to reality than you seem to think. If someone has a shitty story to tell me in order to move me, they can come tell me about it to my face. Then I'll be moved. Reading other's accounts online about things that might not have happened at all, or that are just generic examples, good luck trying to move me with that, I'm not some emo kid in need of crying. I'll stay cold and rational for these, in order to properly respond and not fall victim to emotional propaganda (Why won't somebody please think of the children type discourse).

      And please, that doesn't mean I don't believe that pain and misery don't exist, don't go into extremes. What your saying is basically that because I don't believe 1 Internet story, I don't believe in pain at all. And then you have the gall to say you're not just some kind of propaganda machine ? Of course, judging from your pro-religious comments in other replies, I should've known what kind of person you were, I especially laughed at the part where you said you don't like porn. Yeah right.

      --
      "Not to mention all the idiots who use words like boxen."
      Anonymous Coward on Monday August 04, @06:49PM
    2. Re:So, pain and misery don't exist? by reiisi · · Score: 1

      I don't intend to move you. If you move, you will move yourself. If you will not move yourself, well, you will not move, even though it would be to your benefit to move.

      There are no victimless crimes.

      The examples were given as counter-examples to the proposition of victimless crime.

      Just because you can't trust that any of the examples that have been given here are real doesn't mean that we don't know that they are real. The fact that you don't know the examples are real doesn't mean that you should claim that they are not real.

      If you claim that you cannot believe there are any real examples of victims in the crimes of pornography, I'll tell you you are lying to me and to yourself. Either that, or you really do need to get out of your mom's basement.

      Now, there are things which have been called crimes which shouldn't have been called crimes.

      There are also crimes in which the victims think they want to be hurt, offended, ill-used, or abused. Generally, some time later, they realize they really didn't, after all.

      There are minor offenses or even major crimes that we put up with because stopping them would come at too great a price. In some cases, putting up with them now helps us make a better world later. In other cases, we find out later that we should have stopped them anyway.

      To some degree, we do, as a society, have to put up with a certain level of pornography, even if we don't mess with it ourselves. I'm not sure all the films in question here are beyond that line, but I'll trust the judge. It sounds like they may well have been.

      Or not. Sometimes, the availability of a certain kind of pornography lets us, as a society, talk about certain abuses that occur in private relationships that the law may well need to deal with. If so, rather than getting freaked out that freedom of speech is not absolute, we should be talking about whether laws can be made to deal with the question of whether someone who consumes human waste as part of the sex act with another person should be generally considered to have been abused by the other person, or by the movie producer who directed it.

      Or, we might talk about whether these films promote such acts or promote trying to talk other people into such acts. Perhaps, the judges' opinions notwithstanding, these films are more likely to help people see that they should not do such things, and that they should not induce others to do such things.

      Have you seen that kind of conversation here?

      I haven't.

      --
      Computer memory is just fancy paper, CPUs just fancy pens with fancy erasers; the 'net is just a fancy backyard fence.
    3. Re:So, pain and misery don't exist? by RedK · · Score: 1

      See, that's the type of over emotional response I'm talking about. No where did I say I didn't think the examples were of real things, I just said the examples as such don't evoke sympathy or empathy from me because they aren't real life occurences, just examples. And I never talked about victimless crimes, we were discussing porn, which is not a crime in and of itself. This has always been my point.

      Again, so you can get it in your thick religious zealot head : I don't feel empathy for fiction. This doesn't mean that bad things don't happen or that I believe they don't happen. Also, porn isn't a crime, and as such, I don't see any victims of porn itself (the victims are victims of abuse, rape or their own stupidity).

      You cannot move me or evoke feelings of empathy in me or other rational people by just saying "Hey, there is such a thing as rape you know". If a rape victim gives me an account of his story in person, then I will feel empathy and sympathy for him/her.

      So again, stop with the emotional manipulation. You're a hypocrite and basically doing the same thing you're denouncing.

      --
      "Not to mention all the idiots who use words like boxen."
      Anonymous Coward on Monday August 04, @06:49PM
  347. Re:Privacy? Huh? by Anonymous Coward · · Score: 0

    What is more appealing to you?
    Masturbating or smashing melons?

  348. paraphrasing by reiisi · · Score: 1

    So, let me see if I understand what you're saying.

    One, you are asserting that pornography is not a crime. I don't see any good argument to support that assertion, but you do seem to assert it.

    Two, you are asserting that pornography, as a thing, can be separated from things that often happen during the production or consumption of pornography which are crimes, therefore pornography is not a crime. I don't see you presenting a good argument that all the crimes you have declared separable are all the crimes concurrent with pornography, or a good argument that any others which may be concurrent must also be separable.

    Three, you cannot be induced to think about the consequences concurrent to pornography except by means of examples of which you personally are aware, therefore, the fact that there are crimes which may be concurrent with pornography is, to you, irrelevant.

    Four, anything which I say which invokes an emotional response in you is an example of me using emotional, rather than rational, argument, and that makes me an emotional, irrational hypocrite, and therefore anything I say is irrelevant to you.

    Is that last one because it offends you to hear such arguments, as if I were raping you, or is it because I said it is not my intent to move you?

    --
    Computer memory is just fancy paper, CPUs just fancy pens with fancy erasers; the 'net is just a fancy backyard fence.