• Obscenity

    August 21st, 2006
    Obscenity
    Article Preview Substantial misinformation has circulated about the issue of obscenity law and compliance guidelines. This handout is designed to call the readers’ attention to some simple truths about the concept of “obscenity” and how the issue is handled in the courts. Nothing contained herein should be considered legal advice. Please consult your own personal attorney on specific legal questions. The author can be reached at Larry@LawrenceWalters.com. 1. <b>‘Pornography” is protected speech. “Obscenity” is illegal. </b> ...
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    April 3rd, 2006
    Obscenity
    Article Preview On December 8, 2005 the United States Court of Appeals for the Third Circuit (case number 05-1555, on Appeal from the United States District Court, Number 03-cr-00203) ruled that Extreme Associates, Inc. and its proprietors could be prosecuted under 18 U.S.C. 1461 and 1465 for the commercial distribution of obscene materials. The facts of the case are simple enough: Extreme Associates maintains a website through which it engages in the business of producing, selling and distributing obscene video tapes (please note that for the purposes of the motion only, Extreme Associates stipulated that the material available on its website is legally obscene).As a part of an undercover investigation, U.S Postal ...
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    May 6th, 2004
    Obscenity
    Article Preview This page is a continuation of an article on federal sentencing guidelines for obscenity convictions. If you have not already read the first page of this article, please do so first, otherwise the information on this page won't make much sense..This page is a continuation of an article on federal sentencing guidelines for obscenity convictions. If you have not already read the first page of this article, please do so first, otherwise the information on this page won't make much sense.

    F. Fourth scenario - One or more of the images or films involved a person under the age of 18, but over 16.

    If created by the Company, a separate offense ...
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    May 6th, 2004
    Obscenity
    Article Preview This article deals with an unpleasant topic: sentencing for obscenity-based prosecutions. No adult Webmaster likes to obsess about the possibility of going to federal prison for merely operating an adult Web site.This article deals with an unpleasant topic: sentencing for obscenity-based prosecutions. No adult Webmaster likes to obsess about the possibility of going to federal prison for merely operating an adult Web site. However, with the Justice Department's recent public confirmation of the upcoming obscenity crackdown on Internet content1, this unpleasant concept has taken on a new importance. With 32 prosecutors, investigators and FBI agents spending millions of dollars to bring obscenity cases to courthouses across the country2, it is likely that one or more adult Webmasters or content producers will ...
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    April 14th, 2004
    Obscenity
    Article Preview The Baltimore Sun ran an article this week which quoted a Justice Department official as calling pornographers the “bad guys,” and suggesting that efforts to put adult industry professionals behind bars made his days at work worthwhile.The Baltimore Sun ran an article this week which quoted a Justice Department official as calling pornographers the “bad guys,” and suggesting that efforts to put adult industry professionals behind bars made his days at work worthwhile. Here’s the kicker: The official was referring to those who sell adult porn, not child porn! The article claimed that “32 prosecutors, ...
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    April 14th, 2004
    Obscenity
    Article Preview Extreme Associate’s Rob Black, who has been targeted by the federal government in the first significant round of federal obscenity prosecutions since the last Bush administration, appeared as a guest on the YNOTBob Humpday Lunch Show to talk with YNOTBob and LAJ about the government’s crackdown on obscenity.Extreme Associate’s Rob Black, who has been targeted by the federal government in the first significant round of federal obscenity prosecutions since the last Bush administration, appeared as a guest on the YNOTBob Humpday Lunch Show to talk with YNOTBob and LAJ about the government’s ...
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    March 4th, 2004
    Obscenity
    Article Preview Last Tuesday, United States Supreme Court heard oral arguments from the Bush administration's top Supreme Court lawyer, Solicitor General Theodore Olson, concerning why the Court should allow the Child Online Protection Act (COPA) to stand. The Bush administration argued that the amount of free porn on the Internet was something of an epidemic, justifying the government’s "compelling interest" to protect children from harmful material. The solution being offered by COPA is to hold Web site operators responsible for placing material that is deemed "harmful to minors" in online locations that are easily accessible by children.While COPA ...
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    February 19th, 2004
    Obscenity
    Article Preview Please note: This is a continuation of last week’s article on the history of the anti-pornography movement. If you have not yet read Part I of this feature then we recommend that you do so first before continuing..Please note: This is a continuation of last week’s article on the history of the anti-pornography movement. If you have not yet read Part I of this feature then we recommend that you do so first before continuing.

    So with an understanding of the Presidential Commission and the Meese Report, and the politics at play in the anti-pornography movement, we can now move on to the true purpose of this little stroll down ...
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    February 12th, 2004
    Obscenity
    Article Preview Anyone who knows me knows that I am passionately opposed to obscenity laws as a means of censoring any erotic content that is produced solely by consenting adults and soley for consenting adults. I’ve always argued that enforcing existing obscenity laws is comparable to posting and enforcing speed limit signs that display “Guess!” rather than a clearly defined numerical speed limit; why doesn’t the government just tell us what is and what isn’t illegal so that we can all be certain that we’re staying on the right side of the law? Frankly there’s just no justification for obscenity laws – they are nothing more than ...
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    January 29th, 2004
    Obscenity
    Article Preview As for the charges of obscenity, that was an idea passed on to the sheriff’s department from the local village attorney, Anthony Nettis. Once it became clear that Mike wasn’t guilty of photographing underage girls, the issue of obscenity was indeed considered.As for the charges of obscenity, that was an idea passed on to the sheriff’s department from the local village attorney, Anthony Nettis. Once it became clear that Mike wasn’t guilty of photographing underage girls, the issue of obscenity was indeed considered. An Illinois grand jury would eventually be asked to decide if Mike should be tried ...
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