It still odd though to see how they could get the Supreme court to allow porn to be constitutional.
I can see form what many posters wrote here in this thread that actually there is a serious difficulty to have porn banned completely:
First indecency is not included in first amendment (which I do not really understand completly but I guess from what I read first amendment deals with more serious matters such as human rights (somebody please correct me if I’m wrong here). And being indecent is not seen “that serious a matter” unless somebody can prove otherwise.
Second indecency sometimes is arguable, especially if it is packaged with “some” taste. Eventhough we still can push community standard, it will still require some effort to prove whether a picture is against community standard (as in general policy).
Third, there seem to be some people would love to keep porn around the corner of the street. Since we do not want to oppose freedom of speech policy, then we have to learn to live side by side with them somehow.
But I guess this shouldn’t be the end of our effort. So, instead of banning, we are talking about restricting porn instead (This is a shift from this thread topic). So under the basis of child porn as crime, then we talk about children protection against exposure towards porn. On the basis of “adult consent” we talk about customer protection against malpractice/ abuse of business conduct of some commercial companies in this case porn media who do not practice discretion for risky content, and so on.
I agree that it is a strange matter-- as you said it-- that we are sitting duck eventhough theoretically we have many things to say.
i guess it shows that a good lawyer can just about debate any issue an win no matter how wrong it is.The Justices are suppose to be the best of the best and yet they go against normal rational logic.IMO its ridiculous.
Past failures maybe because we try to “censor” porn which basically curb their freedom of speech.
Maybe by changing position from trying to ban them, to trying to restrict them, whether this will work better. Since restriction doesn’t oppose their (porn) right of freedom of speech, only to get them distribute their product to the right customer in the right way.
We show that we are agile and willing to negotiate all the time. We can live in peace and harmony with those dudes who like porn, no problem. At the same time, however, we use the freedom of speach as our platform-- the same way they use it for their interst-- to speak about what we want for our children and family.