A Possible Way to Fix Obscenity Laws?

[AntiAuthority]

So, I’ve been mulling this over and decided to post this here. I found this site a few times, and I feel this is an appropriate place to say this. So… I’m just spitballing here, but I think a big reason of why obscenity laws are being so unchallenged is because most people don’t realize they exist and the ones that do don’t seem to realize how they’re basically antithetical to the First Amendment. More importantly, their abuse seems to never be talked about. For example, I was aware of Karen Fletcher, Christopher Handley, Christian Bee and all them… I looked up obscenity a while ago and saw nothing about Thomas Arthur. I only found out who he was by browsing this forum, AFTER he’d been convicted. If I had heard about it sooner, I would have spread the word as much as I could and tried to contact people who oppose such things but it’s over now.

So, it seems that a major issue is that most people who are against obscenity laws have no way of spreading the word about how easily abusable they are. We might need a centralized area to make this information public and share it to the world. There are probably obscenity laws happening in the US that I’m unaware of right now, and I won’t know until after they’re over. For example, I’m part of the Antilolitary subreddit… A group of people who aren’t necessarily all lolicons, but will defend people’s rights to be lolicons and want to stop bullying by anti-lolicons… I had no idea this place existed because it’s so small. I had no idea one sub was brigading other subs until I found it, I would have joined earlier if I knew these things existed. It’s much easier to get things done when people are connected and can communicate with each other.

Second, after more people are aware of obscenity laws and how they exist, we can begin spreading the word about how they’re essentially thought crimes in every sense of the word. Enough people talking makes noise, and all that. The thing is, certain big names and corporations are also aware of how insane obscenity laws are. For example, Neil Gaiman wrote a blog post about how obscenity laws violate free speech. The Comic Book Legal Defense Fund also has tried to help comic collectors/creators being jailed for obscene comics. If enough people start talking about this, even other creators might become aware, such as certain YouTube personalities that aren’t necessarily for lolis but do understand they’re just fictional and banning them is just virtue signaling… And this would spread to their audience, spreading the word further.

Third… We can help those being targeted by obscenity laws much easier. For example, I’m sure plenty of people would have voted to help prostasia’s fund for Thomas Arthur, but I doubt many people even knew it was a thing. If this information were more wide spread, things have gone differently. More people would donate, more knowledge about obscenity laws would be made clear and with big names supporting the cause, it would put pressure on politicians to have to address these blatantly anti-free speech laws.

Like I said, probably plenty of holes with this, but I feel it’s a good starting point for helping address this. Otherwise, we’re just a bunch of people by ourselves trying to take on a task that requires many more people.

[Chie]

There is no way to fix obscenity laws, or the doctrine, as it currently exists.

In theory, the idea that it requires a “patently offended” party, something akin to public flashing, then it may have merit, but it isn’t limited to that scenario in all states.

The obscenity doctrine is like separate but equal. It was a tool for sociopolitical repression of minority groups and viewpoints, the groups being those whose fetishes and customs don’t conform to the norm, and the viewpoints being said sexual fetishes.

“but the children!” I hear you say.
What about them? Actual CP is already rightfully and justifiably illegal, as it is a form of child sexual abuse and exploitation, with or without “value”.
The problem with the obscenity doctrine is that it’s not about preventing or punishing child sex abuse, nor are laws passed with that goal in mind.
There is no crime being recorded, there is no victim created, and there is no child being sexually exploited.

There is no difference between “obscene” speech and “indecent” speech. The prohibitions on the former are just as unjustified as those on the latter, and it’s time the Judiciary acknowledges this simple fact.
Obscenity is not a matter of fact.

[AntiAuthority]

I agree, no kids are being harmed in the production of fictional stories so it’s a bunch of prudes forcing their values onto others… Obscenity really has no place in a society that values free speech. I hate the notion of jailing people because certain people feel like it should be a crime.

Getting obscenity laws removed entirely is what I meant by fixed, I seem to have forgotten to include that part. Mostly my having them be exposed as anti-free speech by big names so they can be removed.

I wrote something yesterday on another site explaining the utter insanity of jailing people for fiction and why if violence in fiction is ok, so should “obscene sex” be because fictional characters don’t have rights and can’t be abused like real children (on account of not existing)… So far, none of the usual “we have to protect fictional children!” crowds are being unusually silent on the matter. It seems reason can reach them on some level, if only the courts could be persuaded in the same fashion.