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Old 08-14-2003, 10:43 AM   #2
Timber Loftis
40th Level Warrior
 

Join Date: July 11, 2002
Location: Chicago, IL
Posts: 11,916

This is what the children see on the racks (no pun intended) at local comic/anime stores. I've bought anime "porn" -- and it ain't for the political message.

It IS obscene. That doesn't mean it is forbidden. It just means it goes on the aisle with the Playboy stuff (which also has very well-written political and social and style articles) and should not be sold to minors.

Duh!

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Here is an overview of the obscenity holdings by the Supreme Court. There is a constitutional right to own obscene material and have it in your home based on the Right to Privacy (Stanley v. GA, 1969). However, such material does not enjoy First Amendment (Right of Free Speech) protection. Local laws can limit its sale and distribution. Child Porn can be outright banned. Cities can pass zoning laws making all strip bars be located in one area, or making them maintain a minimum distance between themselves. Pasties can be required by local law. In New York you can see full nudity, but only where alcohol isn't sold, and where alcohol is sold the girls can only go topless on stage, and must be wearing a top when giving dances. While obscenity is protected by privacy in your home, it is not protected as speech you are allowed to say or show whenever you like.

As it should be.

[ 08-14-2003, 10:58 AM: Message edited by: Timber Loftis ]
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