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All Forums > The Porn Pool > The Porn Pool Forum Page 804 > Community standards: How does the ruling work?
AuthorPost
Cygnus5
Member


88 Posts
4/02
Posted - Jul 27 2002 : 3:18PM
First off, thanks to all of you for the many helpful responses to my previous queries.

Now, for the latest:

Since the 1973 Supreme Court ruling vis. community standards still prevails, how does it affect the online ordering of adult DVDs and other media?

I live in Los Angeles, for example. Not much of a problem here. We're about as "free" as it gets.

But what about enthusiasts living in, say, Ohio (which is an oppressively conservative state)? If an Ohio resident has his or her eyes on a truly extreme title available at Adult DVD Empire--gonzo, peeing, anal, etc.--is the potential customer out of luck?

Also, what about the possession of such a title? Can a law-enforcement official de facto confiscate "non-acceptable" titles? Or would the confiscation have to occur as part of another type of arrest or investigation?

It would seem, therefore, if our hapless Ohio resident has a hankering for certain types of porn illegal in his or her state, then it might be nice to have friends in a less-restrictive state. Such a person could then have these "forbidden" titles shipped to the out-of-state friend's address and then forwarded.

Is this how it works? Or is porn as a whole illegal for sale in the restricted areas?

As always, thank you for the help.

DenverDon
Benevolent

Firmly Embedded in Depravity
5914 Posts
7/02
Posted - Jul 27 2002 : 3:40PM
Cygnus,

Ohio I didn't think was such an opressive state. I was actually raised in Utah. When I visited a friend in Ohio, we could go down to the local video store and rent 'Adult' videos. You can't find that in Utah. About the best you could get 'over the counter' was cable versions of videos.

I can't answer some of your other questions though.

DenverDon

Janitor
Retired

Porno movies, sexy videos, xxx. Adult DVD Talk at your service.
6409 Posts
11/99
Posted - Jul 27 2002 : 4:17PM
DenverDon
Benevolent

Firmly Embedded in Depravity
5914 Posts
7/02
Posted - Jul 27 2002 : 4:57PM
Steph,

Thanks for the links, some very interesting articles. I particularly like the Ohio link. My friend that I visited was in Cleveland and we had no problem renting any videos we wanted.

DenverDon

Bill All-Star Supporter
All-Star Member

5334 Posts
6/00
Posted - Jul 27 2002 : 7:14PM
Problems in Ohio have tended to be centered around Cincinnati. This is where Larry Flynt was prosecuted (persecuted?) as well as Elyse Metcalf. If I remember correctly, Cincinnati is where the director of an art museum was tried for obscenity because of a Robert Maplethorpe art exhibit.

Cincinnati is right on the border of Kentucky (as a matter of fact, Cincinnatti's airport is in Kentucky). It seems that Cincinnati has more in common with Kentucy cities than other Ohio cities.

 
snowman872
RainCoatReviews.com

400 Posts
6/00
Posted - Jul 28 2002 : 1:27AM

Yes, I think if the "community standards" of Ohio (or Timbuk2) dictated that an extreme title were obscene, the person ordering and the retailer shipping could find themselves in hot water under state and/or federal statutes. However, I do not believe these types of cases are actively pursued by most DAs or Federal Prosecuters except in the case of child pornography.

As for the possession of obscene material in one's own home for private use, I do not believe that is a problem, again unless it involves child pornography. Child porn is treated like a controlled substance such as illicit drugs -- the mere possession of it is enough to trigger the offense. But the state interest in watching someone an adult pee on tape in the privacy of your own home (as an example) is not nearly as strong.

I believe there was a Supreme Court case on the possession issue in the 80s.

I also believe there are federal statutes that prohibit the mailing of "obscene" material.

-- Snowman


Edited by - snowman872 on Jul 28 2002

menace
Member

Of all the fishes in the sea, the mermaid is the one for me!
410 Posts
6/02
Posted - Jul 28 2002 : 6:05PM
Maybe cygnus chose Ohio as an example because of the Cincinnati cases-or confuses Ohio with Iowa (I used to attend reunions in D.C. & guys were amazed I drove "all that way" in 6 hours--it's only about 350 miles!)(nothing against Iowa BTW). As Bill said, Cinci is in the extreme southwest corner of Ohio & has been a Republican stronghold since the Civil War. It has little in common with the urban areas of northeast Ohio (Action-Dvd is in the Cleveland area.)

Edited by - menace on Jul 28 2002

Edited by - menace on Jul 28 2002

ILMR
Member

Earth
38 Posts
7/02
Posted - Jul 28 2002 : 8:00PM
Community standards is all about hypocrisy. Conservative or liberal, it doesn't matter. Cincinnati may border Kentucky, but the porn-dense city I've ever been in is Louisville, KY.

Both conservatives and liberals have used the anti-porn stance to get votes. And there have been both conservatives and liberals who help abolish anti-porn laws. And for certain, both conservatives and liberals use porn, which doesn't seem to affect their making (or voting for) laws restricting it.

Bjones
Member

Adam & Eve Internet Commerce Group
30 Posts
7/02
Posted - Jul 29 2002 : 9:40AM
Community Standards...
Have been and always will be subjective based on the make-up of the population and the individual making the decision.

I want to give an example, non porn related, but one non-the-less. True story.

A dorm room at a local University. A party gets too loud and the campus police are called. An officer notices an editorial cartoon on the wall. It is an image of a donkey sheriff standing next to a hangman's noose with an image of George Bush inside the noose.
The officer reports to his superiors the next day.
A couple days later, armed with search warrants, the F.B.I., the C.I.A., Secret Service, and various other agencies break into this person's room.
A quote in the paper read, "I was offended at this image of our president, especially given the events of 911." -- officer responding to the call.

glean what you desire from this...even at a prestigious liberal arts college. The person who lived in the room was a member of the student democratic society (most campuses have a republican and a democratic student group). One individual was offended, so another had their constituitional rights trampled. And the cartoon image, was from the New York Times cerca 1991.

For a close look at the legal battles incurred by my company, please read Government v. Erotica.

Brian Jones
Adam & Eve
Internet Commerce Group
www.adameve.com

aybesea
Senior Member

Caroline Cage - Hungarian Hottie!
1485 Posts
5/02
Posted - Jul 29 2002 : 10:00AM
I know I'm preaching at the choir here, but my Libertarian hackles have been raised.

If you don't like porn, DON'T WATCH IT!

Q: What's the big deal?
A: It gives big brother a way to encroach upon and control your life. Yet again, we the people are "not smart enough" to think on our own so our government has to help us out. I wish they would spend this much time dealing with the white collar crooks who stole my 401K!

Bill All-Star Supporter
All-Star Member

5334 Posts
6/00
Posted - Jul 29 2002 : 7:36PM
There's an article on ABC.com today regarding the fact that someone is challenging the Communications Decency Act of 1996 in order to get someone do define "community standards" as it pertains to the Internet.
All Forums > The Porn Pool > The Porn Pool Forum Page 804Community standards: How does the ruling work?

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