One Movie out of 4 titles gets declared Obscene in Phoenix Trial

[chadknowslaw]

Word just out is that the jury in Phoenix convicted 5 Star of obscenity on just one movie -- Gag Factor 18 but did not convict on Gag Factor 15, Filthy Things 6, or American Bukkake 13.


No individuals were convicted -- just companies, and if the jury had been given slightly different instructions they might have acquitted on all counts.

I think the bar for obscenity just got raised a few notches!!

[CorbinFisher_BD]

If Gag Factor 15 was ok but Gag Factor 18 is obscene, I'm almost scared to see what Gag Factor 41 will entail.

[SPACE GLIDER]

If Gag Factor 15 was ok but Gag Factor 18 is obscene, I'm almost scared to see what Gag Factor 41 will entail.

Wait till Choked-To-Death 1 comes out

[Lee]

Itll be interesting to see what this means for Max Hardcore now

Regards,

Lee

[chadknowslaw]

I think it is good news, but not "you are off the hook" news. Max's stuff does depict forced, violent sex. However, if/when he does get before a jury, his lawyers need to get "comparable" materials before the jury to show that other materials are freely available in the community. I think the Phoenix case gives a good road map to his defense how to present the case to a jury.

The videos in the Phoenix case included behind-the-scenes material showing the models preparing for the scene, and the models talking about it and how they want to do it. That helps, because in order for something to be determined "obscene" the jury is supposed to consider the work "as a whole". That means they need to look at the entire video, the entire magazine, the entire website, not just let the prosecution pick out a few scenes or pictures.

If a jury that sees all the materials that are available in the community and THEN acquits Max Hardcore, the line will be pulled back to "consenting adults" which is where I think it needs to be drawn.

[IdolKnights]

But can it be safely stated that this and the case of Max are to be tried by community peers. That the ruling, though helpful to the overall picture, doesn't exactly depict the overall attitude of peers across the states and in smaller communities of the bible belt.

[chadknowslaw]

The "Miller Test" of obscenity was created in the early 1970's when selling porn either meant putting it on shelves in a brick and mortar store in a distinct community or showing it at a brick and mortar theater in a distinct community. Arguably, one could determine that the community standards of Cleveland would presume something like Gag Factor 18 to be obscene while the community standards of New York City might not. The seller could decide not to show the movie or put the magazine on the shelves of conservative communities. The seller had a very active part in determining where the materials were viewed. Mail order was unheard of, and the VCR was not even a market, so movies were only seen at theaters.

Today, the producer can be in a liberal community that tolerates Gag Factor 18 but the Postal Inspector orders it online to have it shipped to Mobile, Alabama. What "community standards" apply?? If the seller's community accepts the material but it is shipped or viewed over the Internet in a conservative community, the producer can be tried in that conservative community.

If I think Gag Factor 18 is disgusting, I don't need to watch it. The producers of Gag Factor 18 won't let me watch it unless I pay for it, so it is only seen by those that really want to see it. There is already a prohibition against children having access to pornography, so there does not need to be a content-based restriction triggered by the degree of adult activity shown.

Although my own personal tastes tend to be rather vanilla, I support the right of consenting adults to film and distribute legal activities to other consenting adults that want to view it. Outlawing distribution to minors, outlawing depictions of minors engaged in adult activities, and outlawing forced activities is already settled and accepted law. The law does not need to go any further to protect anyone.

[SPACE GLIDER]

If I think Gag Factor 18 is disgusting, I don't need to watch it. The producers of Gag Factor 18 won't let me watch it unless I pay for it, so it is only seen by those that really want to see it.

fair enough to me