This… can’t be constitutional, can it, or is this the difference between state and federal law? Oh, right, “obscenity”.
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Sometimes states, and Congress, will pass bills that are found unconstitutional. Sometimes they just don’t know it’s bogus.
I suspect sometimes they do it on purpose for grabbing attention. It can take years to get such laws struck down and the cost of litigating it is so prohibitive, that most can’t afford to oppose these clearly unconstitutional laws. Bans on CLSD, for example.
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People already announced challenging this if it gets signed into law. I personally do not think it is necessarily unconstitutional, because there already is a federal law that bans obscene depictions.
The only point of attack I see is when an actual adult who looks very young is depicted. I wonder how they think this is even gonna go. How can you ban possession of this after it has been legal for multiple decades? Good luck trying to purge the internet from all the porn your companies themselves produced.
Banning cartoons of non-existant people while screaming for their right to insult and harass other people, because of “mah freedom”.
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I keep explaining that it’s redundant to proscribe what can already be found obscene. So long as the obscenity requirement is stated, there’s nothing new.
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Oh, that’s already said in another way. Apparently, their idea of “freedom” is just the “freedom to do the so-called ‘right’ thing” AKA the most worthless form of “freedom”.
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Oh, way ahead of you. For example: Lupe Fuentes - Wikipedia See Early life and adult film career.
I am honestly scared about this as I live in that state. Even though it says “obscene”, it doesnt specify whether the whole Miller test is applied.
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Again, without even the Miller test, wouldn’t that definitely be unconstitutional?
As long as obscenity is not protected you are never safe in any state tbh.
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This is true but it’s always scary when new laws get passed because prosecutors may be thrilled to use it for a little bit.
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It would be unconstitutional without it, yes
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What is this again? Please explain.
Child-like Sex Doll (20 char limit)
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Justice is a thing that can be bought, then.
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Your name will eventually have to be changed to IllegalLoliLover1 if america continues to go down this path
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When hasn’t it? To oppose a law such as this, you have to have “standing”. That means some poor schnook will have to be arrested first. To take any case all the way to the Supreme Court, will require several years and hundreds of thousands of dollars. The average person is helpless to defend themselves unless some well-funded organization will back them.
This is separate from those wealthy people who just buy themselves whatever verdict they want.
The worst part of the obscenity laws is that you can’t tell if it’s obscene until after the trial has happened.
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They pass unconstitutional laws because they can get away with it until it’s challenged in the Supreme Court. They don’t care anymore. It’s religious zealots that pull this crap!! “Obscene” is a very subjective and broad term. Like all other terms they like to use. Broad and vague. “Reasonable” (and usually “assume” in the same sentence. It’s still an assumption.), “Prudent”, “Purient Interest”, “The Common Man”.
And once someone is charged; who can afford to fight it?
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I am honestly thankful that the EU started to distance themselves from the USA. Anything that happens there is almost always copied, but this now only applies to the far-right parties.
America still has a lot of cultural influence, so I hope that shit dies in the house.
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What? Several European countries are already worse.
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