unofan
Well-known member
Re: New/Rented Movies: Bring Back Laserdiscs!
Technically, it can still appeal to the prurient interest and be protected...it just can't solely appeal to the prurient interest without any artisic merit.
Though I don't know how that works with things like child pron as opposed to the regular stuff, though I think it's roughly the same.
A judge I worked for got skewered by Fox News a few years back after he ruled the prosecutors failed to prove that the "Podunk Theatre for the Arts" was really a strip club and not an actual performing arts theatre. Of course, Fox News blamed the "activist judge" for allowing 16-year olds to strip and not the prosecutor for screwing up his case.
I'm sure it has something to do with the difference between "prurient interest" and "art."
Technically, it can still appeal to the prurient interest and be protected...it just can't solely appeal to the prurient interest without any artisic merit.
Though I don't know how that works with things like child pron as opposed to the regular stuff, though I think it's roughly the same.
A judge I worked for got skewered by Fox News a few years back after he ruled the prosecutors failed to prove that the "Podunk Theatre for the Arts" was really a strip club and not an actual performing arts theatre. Of course, Fox News blamed the "activist judge" for allowing 16-year olds to strip and not the prosecutor for screwing up his case.