Cuties (Dis)respect Thread: Now on Netflix!

Obscenity is a FACT question, not a matter of law. That means it is the Jury, twelve random guys picked off the street, that get to determine whether it is obscene or not.
 

Looks like this is coming back to bite Netflix even more; actual violations of child porn laws have been added to the charges.
 
Given how tangled up a lot of the precedents are -- child porn laws are aggressively draconian and strict-liability except for bizarre technicalities like the Brooke Shields case -- I would be content with simply getting a SCOTUS ruling that sets a clear line.
 
On the one hand free speech, on the other hand the netflix people have been pretty vocal about being against our speech.

Ugh....Some times being a free speech advocate is very hard....so very hard.
I find it best to pre-draw the line in your own mind after spending some time thinking on the subject. That way when push comes to shove, you already have a firm boundary set and it won't be as easy for somebody to pressure you across it as they would if it was vague and fuzzy.
 
What Brooke Shields case?

Back when she was ten years old, actress Brooke Shields was forced to "model" for explicit child pornography for Playboy. When she became an adult, she sued Playboy, the sicko photographer, and her even more depraved mother, but the courts ruled that it didn't count as child porn because she was a "performer" rather than a "model", which somehow meant it was exempt from child porn laws *and* that she couldn't even force the photographer to cease and desist using the photos.
 
Yeah, child pornography, since it's generally a state level crime, is fucking weird. Note that I doubt the US Supreme Court can set a line, as they don't have the final say on state law, only on if state law/state constitution conflicts with federal law/US constitution.
 
Back when she was ten years old, actress Brooke Shields was forced to "model" for explicit child pornography for Playboy. When she became an adult, she sued Playboy, the sicko photographer, and her even more depraved mother, but the courts ruled that it didn't count as child porn because she was a "performer" rather than a "model", which somehow meant it was exempt from child porn laws *and* that she couldn't even force the photographer to cease and desist using the photos.
What the actual hell? Looking this up, it appears to have been a matter of State law, not Federal, and the State in question appears to have been, to nobody's surprise, California.

So yes, it appears in California child porn in not child porn if the kid in question is a "performer"...
 
Gotta give the Hollywood producers an out.
Basically this. Certain states give certain industries every imaginable special protection, tax benefit, and etc. and all of that specific industry then clusters there. California is the center for movies because they bend over backwards and sideways to protect moviemakers from all consequences and raise their profits.
 
What the actual hell? Looking this up, it appears to have been a matter of State law, not Federal, and the State in question appears to have been, to nobody's surprise, California.
I thought it was New York? Eh, either way, no fucking surprise.

Basically this. Certain states give certain industries every imaginable special protection, tax benefit, and etc. and all of that specific industry then clusters there. California is the center for movies because they bend over backwards and sideways to protect moviemakers from all consequences and raise their profits.
Eh, more the reverse (but with a positive reinforcement cycle). Initially, there was a bunch of film done in California because it was as far as possible from Edison and his patents, to frustrate his IP lawsuits. Then they got political power to make their place nice to them, which attracted more, etc, etc.
 
I thought it was New York? Eh, either way, no fucking surprise.
Correct. New York does the same thing California does, but for live stage performances and musicals, hence why every stage troupe tends to base themselves out of New York and we still call them Broadway musicals/Broadway theatres to this day. Thus New York has special get-out-of-jail-free cards designed for those kind of productions and why designating Brooke Shields a "Performer" rather than a "Model" was so critical to the case.
 

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