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- From: rmk@rmkhome.UUCP (Rick Kelly)
- Newsgroups: news.admin,news.admin.policy
- Subject: Re: What is pornography, anyway?
- Message-ID: <9211191517.47@rmkhome.UUCP>
- Date: 19 Nov 92 20:17:45 GMT
- References: <BxMu36.IM9@cs.uiuc.edu> <1992Nov13.153824.27660@news.columbia.edu> <9211150013.37@rmkhome.UUCP> <1992Nov16.155802.25830@news.columbia.edu> <9211180027.36@rmkhome.UUCP> <BxxAKw.4xr@cs.uiuc.edu>
- Reply-To: rmk@rmkhome.UUCP (Rick Kelly)
- Organization: The Man With Ten Cats
- Lines: 59
-
- In article <BxxAKw.4xr@cs.uiuc.edu> kadie@cs.uiuc.edu (Carl M. Kadie) writes:
- >rmk@rmkhome.UUCP (Rick Kelly) writes:
- >>In Massachusetts, all depictions of naked children that show the genitals
- >>are obscene.
- >
- >This is wrong on two counts.
- >
- >First, "obscene" refers to the Miller test, not child porn.
- >
- >Two, the Massachusetts law that defined all depictions of nude
- >childern as illegal child porn was overturned by the Massachusetts'
- >highest state court as an unconsititionally broad violation of freedom
- >of expression. (The current Massachsetts law is narrower but still
- >pretty broad; as far as I know it has not been tested in court.)
- >See Silvers' paper for details.
- >
- >- Carl
-
- I have enough doubts about this, that I would not gate a.b.p.e through
- my system. If the state authorities confiscated my system as evidence,
- I would expect to never see it again, whether I won in court or not.
-
- The Town of Framingham would surely deem that pictures of nude children
- appearing on my system to be obscene and pornographic. This is in the
- wake of a case of a guy in my neighborhood luring young boys to his
- house through contacts on BBS systems, with promises of sexually explicit
- digitized pictures. He was arrested for rape, but he was also charged
- for having hundreds of pictures of naked young boys on his computer system,
- which was confiscated for evidence.
-
- The community standard laws are strong enough that the Framingham Selectmen
- and Police were able to close down to video stores that rented and sold
- X rated adult videos, even though they were kept in separate areas where
- you had to be 21 to enter. And you must note that the X rated films that
- were cited are easily available at video stores in neighboring towns.
-
- >=================
- >law/child-porn.silvers
- >=================
- >* Expression -- Child Porn -- Silvers
- >
- >The Application of Child Pornography Statutes to Non-Obscene Art and
- >Family Photography by Jolyon Silversmith, silvers3@husc8.harvard.edu.
- >It is a term paper written in May, 1992 for Government 1341:
- >Constitutional Law at Harvard University.
-
- Term papers do not set the laws of the community.
-
- It is easy for the EFF to cite cases and papers, but I don't see the EFF
- opening up an adult rated BBS to the public, or buying new equipment to
- replace that lost to "continuing" investigations.
-
- I had email from the former sysop of Doug's Den. His equipment was
- confiscated, he was found to be innocent, but his equipment has never
- been returned.
-
- --
-
- Rick Kelly rmk@rmkhome.UUCP unixland!rmkhome!rmk rmk@frog.UUCP
-