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Obscenity

Should obscenity be banned?

What's is obscenity?

Definition:

Obscenity:The Character or quality of being obscene
Obscene: Disgusting, repulsive, depraved

Wider definition

  • Can food be obscene?
  • If one person finds some thing obscene and another doesn't, is it obscene?
  • If its obscene in one state outlawing it, shouldn't it be obscene in all states?

Types

Seems the most common one is material depicting children in a sexual nature. Hard to get consistency on others.

Genus

Obscenity is a form of behaviour.

The case for banning obscenity


Quote 1230

"Obscenity -- Which even we cannot define with precision is a hodge possible. To send men to jail for violating standards they cannot understand, construe and apply is a monstorous thing to do in a nation dedicated to fair trails and due process."

   --  Ayn Rand

What's wrong with Obscenity?

Summary

"This could include images of extreme sexual activity such as bestiality, necrophilia, rape or torture."
But these are illegal acts in them-self, so this is already punishable.

Types of punishable offences

  • Possessing and intending to sell it 
  • Mailing it
  • Transporting it 
  • Broadcasting it
  • Being in business to sell or transfer it 
  • Transferring it to minors
 In England, the law is governed by a piece of legislation almost half-a-century old - the 1959 Obscene Publications Act.
It defines obscenity as "content whose effect will tend to deprave and corrupt those likely to read, see or hear" it.
"This could include images of extreme sexual activity such as bestiality, necrophilia, rape or torture."

The case against banning obscenity  

Censorship is futile

Consistency

  • Alaska
  • Maine
  • New Mexico
  • Vermont
  • West Virginia

Responsibility

Alternatives

Rather than censor bestiality, necrophilia, rape or torture, why not just require content show warnings this is included.
Real bestiality, necrophilia, rape or torture is covered by other laws.

What next?

Reference

Sources

Links


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