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0 pointsasdf216y ago0 comments

>It also falls under the US supreme court test for obscenity and is equally illegal in the US

I don't think that's correct.

There are no federal obscenity laws. The U.S. government does not expressly prohibit obscene conduct. In fact, the U.S. government expressly protects some communications in the First Amendment to the U.S. Constitution.

https://legalcareerpath.com/obscenity-law/

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Taniwha6y ago

18 USC 71 ... is the federal obscenity law, it's been much patched in and around child porn, but the basic law is still there. Of course there's been a lot of Supreme Court rulings in and around it culminating in the Miller test ... Your 'shooting video' is really a snuff film, probably one of the few genuine ones (along with those made by ISIS, and just as bad) and certainly falls under the Miller test

rgbrenner6y ago

You can't just redefine a murder video as pornographic because you don't like it. You mentioned the miller test, so you already know it requires that it depict "sexual conduct or excretory functions specifically defined by applicable state law".

Ignoring the state law requirement (which you haven't cited), the video does not depict sexual conduct.. and there's no way you can twist this into being illegal in the US. It's not illegal. Period. ISIS videos aren't illegal either.

You've clearly misunderstood our laws.

Taniwha6y ago

18 USC 71 is about 'obscenity', which doesn't just include pornography. These days it includes a bunch of clauses about child porn, but that's mostly about politicians wanting to get their names on the board. The original, base law is more general and its definition comes from common law modulated by many supreme court decisions

asdf21OP6y ago

I mean, /r/watchpeopledie was active for nearly a decade and never had legal issues.. I'm not sure this is enforced in any meaningful way.

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0 pointsasdf216y ago0 comments

>It also falls under the US supreme court test for obscenity and is equally illegal in the US

I don't think that's correct.

https://legalcareerpath.com/obscenity-law/

0 comments

Taniwha6y ago

rgbrenner6y ago

You've clearly misunderstood our laws.

Taniwha6y ago

asdf21OP6y ago

I mean, /r/watchpeopledie was active for nearly a decade and never had legal issues.. I'm not sure this is enforced in any meaningful way.

1 more reply

j / k navigate · click thread line to collapse