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You have got to be kidding me
Jul. 19th, 2007 04:17 pmLJ Biz post: Illegal and harmful activity
So teenagers can say "I banged this hot friend last night." But if they write about exactly how they fucked, or explicit details about cocksucking in the back of the car, they could be threatened with account suspension because someone equates this with child porn? Fictional stories about fictional people that involve a person under 18 having sex are now considered illegal? Someone is apparently a moron over there. AS many posters have pointed out, fiction that unvolves underage sex, even graphic underage sex, is not actually illegal gasp zomg.
WHAT THE FUCK LJ?
Seriously. Am I in danger of getting my account suspended for writing a graphic entry about how I was raped as a teenager? What if I write a graphic story about Harry Potter deciding he needs to lose his virginity before he faces Voldemort so he shags Ginny Weasley senseless in a broom closet?
FICTION IS NOT ILLEGAL KTNXBAI
In fact, federal obscenity law in the U.S. is highly unusual in that—not only is there no uniform national standard, but rather, there is an explicit legal precedent (the "Miller test", below) that all but guarantees that something that is legally "obscene" in one jurisdiction may not be in another. In effect, the First Amendment protections of free speech vary by location within the U.S., and over time. With the advent of Internet distribution of potentially obscene material, this question of jurisdiction and "community standards" has created significant controversy in the legal community. (See United States v. Thomas, 74 F.3d 701 (6th Cir. 1996))
-from Wikipedia entry
So teenagers can say "I banged this hot friend last night." But if they write about exactly how they fucked, or explicit details about cocksucking in the back of the car, they could be threatened with account suspension because someone equates this with child porn? Fictional stories about fictional people that involve a person under 18 having sex are now considered illegal? Someone is apparently a moron over there. AS many posters have pointed out, fiction that unvolves underage sex, even graphic underage sex, is not actually illegal gasp zomg.
WHAT THE FUCK LJ?
Seriously. Am I in danger of getting my account suspended for writing a graphic entry about how I was raped as a teenager? What if I write a graphic story about Harry Potter deciding he needs to lose his virginity before he faces Voldemort so he shags Ginny Weasley senseless in a broom closet?
FICTION IS NOT ILLEGAL KTNXBAI
In fact, federal obscenity law in the U.S. is highly unusual in that—not only is there no uniform national standard, but rather, there is an explicit legal precedent (the "Miller test", below) that all but guarantees that something that is legally "obscene" in one jurisdiction may not be in another. In effect, the First Amendment protections of free speech vary by location within the U.S., and over time. With the advent of Internet distribution of potentially obscene material, this question of jurisdiction and "community standards" has created significant controversy in the legal community. (See United States v. Thomas, 74 F.3d 701 (6th Cir. 1996))
-from Wikipedia entry