GirlChat #457854


Re: VA judges find drawn CP illegal under PROTECT act

Posted by otto117 on 2009-January-02 01:49:11 EST, Friday
In reply to Re: VA judges find drawn CP illegal under PROTECT act posted by JustAnotherGL on 2008-December-31 06:30:34 EST, Wednesday

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No, the VA court ruling is not moot at all. The case you refer to, Ashcroft v. Free Speech Coalition (2002) (I'll post it somewhere if someone wants me to) ONLY discussed the child pornography law, not the obscenity law. Yes, one *could* argue that the Supreme Court's reasoning in Ashcroft is inconsistent with the all obscenity laws, but there is no sign that the Supreme Court will eliminate the federal obscenity laws (which have existed since the late 19th Century) and the Miller test interpreting it (which has prevailed for 36 years). The Ohio case regarding the writing of fictional child rape stories also is inapposite. The man possessed his own writing. Under Stanley v. Georgia, an obscenity decision which upheld the private possession (but NOT receipt, publication, distribution or dissemination) of obscene matter, there could be no crime. And of course, simply writing your private thoughts down and sharing them with no one still hasn't been criminalized.


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