There's SCOTUS precedent saying that pornography--but not obscenity--is covered by 1A. (Obscenity isn't very well defined, but it's generally understood to mean pedophilia/anything involving minors (including drawings), certain acts of violence combined with sex, bestiality, and possibly necrophilia. Other extreme sexual acts--such as crush fetishes--might also fall under obscenity.) You can't pass laws to unspool constitutional rights; your only legal recourse is either stacking the court with people that want to change precedent, or amend the constitution.
this post was submitted on 12 May 2025
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hmmm wherever could we find a bunch of justices that would want to change precedent....🤔
Or just do what Trump, his administration, and the Republicans are doing. Move fast, break things, then tell the court 'oops, you're too late.' Trump and the Republicans don't care about the law, they only reason they pass anything through the house is because they want it to have more legitimacy than just a Presidential declaration. If it doesn't pass the house it'll still be the law. Just not on any books.
Pretty sure obscenity has to include actual people or at least be photo realistic enough to not be able to tell the difference.
That would still cover porn in general and things like deep fakes wouldn’t it?
Only if they otherwise meet the definition of obscenity (talking about current law). Like has been said the definition is somewhat vague (deliberately so), but there have been some things that have been ruled not to be, including art and most porn.
It would be for 10 hours, then Trump would remove the bill and be seen as an hero. As usual.
After 75% of the country comfits a felony?
Perfect! Now we can send so many more people to El Salvador!
doesnt even trigger me anymore. tomorrow the legion of dumbasses will come up with something way stupider. place your bets now!
Moon of America? ...been there fIrSt! Annex earth?
it will be stupider!
If you think the porn industry is exploitative and abusive now, just wait until they push it all underground.
The studios will move out of the country, most likely.
I’m pretty anti-porn just like I’m very anti-religion but neither of these things can be killed by banning them. The idea that banning porn will somehow prevent people from accessing it when we know even people in NK or places like the Middle East can access it is just crazy, of course Americans will continue to be able to access it, and like you said this will just push production and distribution underground actually exacerbating the issues with the porn industry. I have few actual complaints about the end result of porn, I don’t believe it’s good or healthy but as a product to be consumed it’s only moderately harmful but the production of porn is where the real evils are found. This will lead to those in the porn industry being abused at rates and in ways currently unfathomable or illegal.
Just think about the popularity of the "schoolgirl/barely legal" image as it currently exists in porn. If it becomes just as illegal to hire a young-looking 25 year old actress as it is to exploit an actual child, a lot producers will opt for the latter.
Woah, that's a thought that hadn't occurred to me. You're absolutely right.
This is true about almost every vice. That's why Prohibition didn't work. Almost as soon as alcohol was banned, people started making very adulterated products, people died, organized crime became a thing. It's the same idea with cannabis, sex work, other drugs, etc. The result of prohibition is almost always people getting hurt.
This is exactly it. A couple of days ago there was an Ask Lemmy thread about the legalization of marijuana. My entire argument is "Prohibition of vice does not work and only empowers organized crime." This has been proven over and over again throughout history. It shouldn't even be a question anymore.
It’s more complicated than that. It /did/ work in some sense. The prevalence of severe alcoholism was insane prior to prohibition and it dropped precipitously. The problem is, the cost of prohibition is so many actual lost lives. Both from unsafe supply and organized crime.
A public health approach also can reduce the harm of alcoholism while not creating new deaths. It’s worth understanding the difference so we can expect, for example, pot to become more abused after legalization, but if public health measures are in place, limited harm.
Nothing that you said contradicted anything that I said. We are agreeing.
Well yeah, they're fuckin' morons. The same thing almost happened to Canada, had Poilievre ended up winning.
Someone should make a bunch of AI generated porn of Mike Lee being gang banged by like 40 huge black dudes and post it all over Facebook.
With the amount of protection the Republicans do, I'm not even sure you'd need an AI to generate such a thing as it might already exist
I think you mean projection not protection
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These people really can't just mind their own business.
Fuck no. They've been indoctrinated from birth to have a savior complex.
At this point, US politics has gone far beyond the point where we can make jokes about morons voting for the face-eating leopard party. Anybody who didn't vote for Kamala Harris because she wasn't critical enough of Israel, didn't do enough for LGBTQ rights, didn't have enough left wing policies, etc. is now reaping what they sow.
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I remember when conservatives said they wanted people out of their bedrooms. Well... as a forever alone, what do you think I do in my bedroom every night?
Oh wow, I hope they do it. Nothing is going to upset the MAGA crowd faster than losing access to the trans pornography they view in the privacy of their own homes while condemning publicly. I'd imagine a lot of them are not going to understand VPN.
Nah this type of law exists to be selectively applied, that's what makes it so great.
The only people who it will be applied to are those who are "undesirable" or step out of line.
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If this happened in europe, we would all collectively wank off infront of the government buildings or some shit
Owning the libs just took on a whole notha meaning, aye? What a treat. /s
Maybe that's the whole point. That and then letting Hollywood make profit off of sex scenes.
It's all business disguised as well to do ideology.
It is never for the people. If it was for the people we would be building proper community, respect, and teaching the reality of the human experience so that people can be the best they can be.
So we gonna have people in the corner selling uncensored like in japan?
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