Reply #57: why to close down all the sex shops of course [View All]

[mongo]

(cross-posted in the other thread)

Most states have laws against "pandering obscenity", but getting a conviction is a hard and expensive process and the parameters are well spelled out.

In order to find a book, magazine or movie obscene, the prosecution must prove to a jury that:

-- the work appeals to a "purient" interest in sex
-- The work is utterly lacking in redeaming social, litterary, artistic, educational or scientific value.
-- The work is against "community values".

First of all, that means you have to show the jury the entire film. You have to bring in expert witness to testify that the work appeals to an unhealthy interest in sex.

The defense is going to challenge that notion, with expert witness of it's own. It may show similar movies that were found not to be "obscene" by another jury in the same state. (bring your popcorn).

The defense is going to challenge the idea of "community values", when you can pay-per-view a similar movie on a cable system given a franchise by local government, or when any citizen in the community can get on-line and see the same movie.

It's hard to find 12 people who will decide that a movie is sooo bad that no one has any right to see it.

Now sex toys -- all they have to prove is "is this device meant to stimulate sexual organs". Juries are instructed to follow the law, regardless of their conscience -- with threats of contempt of court if they do not comply. Much easier to get a conviction.