[lbo-talk] Re: "United States vs. Extreme Associates"

andie nachgeborenen andie_nachgeborenen at yahoo.com
Thu May 26 09:07:13 PDT 2005


Obscene speech, illegal in most jurisdictions, is not protected by the First Amendment, and may be banned. Such speech involves descriptions of activities that appeal to the prurient interest and are otherwise without redeeming social value and and inconsistent with local community standards -- roughly this is the S.Ct's definition of obscene speech.

It may be quite lawful to actually engage in these activities, but unlawful to describe or film and publish them. That could include straight vanilla hetero fucking and sucking btweeen married people -- nothing fancy. It might even include just plain out full frontal nudity, depending omn your jurisdiction. (Probably a written description of that would not be obscene. Though if you dwelt with epsecial interest on an erection it might be.) Sodomy is now protected -- at least prohibitions can't be aimed specifically at homosexual activity in language or enforcement.

jks

--- BklynMagus <magcomm at ix.netcom.com> wrote:
> Dear List:
>
> The following is a link to an amicus brief filed
> in the case "United States vs. Extreme Associates."
>
>
http://www.ncsfreedom.org/pdf/Extreme_Motion_and_Brief.pdf
>
> But to LBO's great legal minds I want to pose
> a question:
>
> Are their any activities other than sodomy etc,
> that are legal to do, but criminalized if written
> about or filmed?
>
> One point contained in the brief:
>
> "As a result of "Lawrence v. Texas" the government
> can no longer criminalize private "activities" such
> as consensual sodomy. Therefore, the government
> cannot be allowed to criminalize "speech" (words
> and images) regarding those activities. What
> justifies this attempt by the government to ban
> speech which discusses and describes activities
> which are now legal?"
>
> Your wisdom is welcome as always.
>
> Brian Dauth
> Queer Buddhist Resister
>
>
> ___________________________________
>
http://mailman.lbo-talk.org/mailman/listinfo/lbo-talk
>

__________________________________________________ Do You Yahoo!? Tired of spam? Yahoo! Mail has the best spam protection around http://mail.yahoo.com



More information about the lbo-talk mailing list