why is porn legal when Prostitution isnt?
- Thread starter eeyoresfan
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BioDefenseGrad
Banned
I don't think it's legal in Ireland. It's also legal to be a prostitute in Sweden but not legal to purchase the services of a prostitute. It's also illegal to pimp/procure and to operate a brothel. Norway has the same law.
Well, you have to realize in the US the law for which modern prostitution bans are based on (The Mann Act) was modified to include language to serve as a de facto ban on interracial relationships as well.
It seems as that became the bigger concern the law itself as are many outdated laws was never revisited as you still have many places in the southern US that still see relevance in the language.
In fact, many southern US states and locales use existing obscenity language in laws to try and ban porn videos and/or cover art from displaying or featuring interracial material.
BioDefenseGrad
Banned
A lot of that stuff is obscene. I also lived in the deep South and Southern black people were not asking for that stuff anyway. A lot of the things they were renting were featured black on black porn or anal and big ass porn, if a non-black woman was featured in the movie then it was incidental.
Well, I have no experience nor do I presume to know what people were/are asking for in large blocs. I'm just going by what was reported by the porn industry and much of what was discussed was incidents merely to include bm/wf on box covers and/or in scenes.
The only people demand should be concerning is those who are in business to meet it. If you're not in the business to meet a demand or consume a product...it should be irrelevant to you who's asking for what from a prohibition standpoint.
But it's pretty funny to read you making the statement, 'A lot of that stuff is obscene." as it relates to porn. :1orglaugh
Rey C.
Racing is life... anything else is just waiting.
But that's just your assessment or opinion; that does not make it a universal fact. Again, what is "obscene" in Greenville, Mississippi might not be obscene in Los Angeles, California.
BTW, it sounds like 'Mega is up on his history. Some call the Mann Act the Jack Johnson Act. It was just another reactionary law... much like the drug legislation passed after the movie Reefer Madness was released. Interestingly enough, some of the scare mongering imagery used to pass both laws was similar.
BioDefenseGrad
Banned
It's not odd at all. Porn featuring people eating shit is porn, it's also obscene. Porn featuring people having sex with animals is still porn, it's also obscene.
Big boob porn and beastiality are both porn, one is obscene and the other is not.
BioDefenseGrad
Banned
Yes it is just my opinion. If I had my way, a large chunk of the stuff falling under the IR category would be classified as obscene and treated in the
same manner as other obscene pornography.
There's a strong puritanical streak embedded in the cultural consciousness
here in the US, and that has a lot to do with with it, but if you ask me it has
more to do with the ease of stigmatizing sex-workers, thus marginalizing and
depriving them of reasonable rights. (Note the lack of a unionization for
performers in the American Adult industry as compared to the rest of the
entertainment industry.)
There are many arguments against prostitution, but as it's unlikely ever to
disappear and, there's a strong case to be made that prohibition actually make
the problem worse by driving it underground. However, when you can push
the problems out of sight, it's easy to ignore them. (Consider if the violence
going in Mexico was happening in the US, there would certainly be a re-evaluation
of both gun and drug laws.)
Legal technicalities are all well and fine, but at it's heart it's a philosophical
question. Laws are merely a reflection of current social mores.
here in the US, and that has a lot to do with with it, but if you ask me it has
more to do with the ease of stigmatizing sex-workers, thus marginalizing and
depriving them of reasonable rights. (Note the lack of a unionization for
performers in the American Adult industry as compared to the rest of the
entertainment industry.)
There are many arguments against prostitution, but as it's unlikely ever to
disappear and, there's a strong case to be made that prohibition actually make
the problem worse by driving it underground. However, when you can push
the problems out of sight, it's easy to ignore them. (Consider if the violence
going in Mexico was happening in the US, there would certainly be a re-evaluation
of both gun and drug laws.)
Legal technicalities are all well and fine, but at it's heart it's a philosophical
question. Laws are merely a reflection of current social mores.
Jane Burgess
Official Checked Star Member
Not always. There are a lot of things considered porn that do not involve sex acts.
^^ Again with the typical themes you'll find on chimpout.com.....:1orglaugh You're as transparent as a freshly windexed plate glass window)
('typical themes = the common whining by porn racists on the internet that bm/wf porn is tantamount to bestiality and white chicks sucking or fucking black dongs looks like their eating or fucking shit to them...)
Okay so, you said allot of the stuff is 'obscene'...since you're not likely to find eating shit and bestiality in the cases you cite...what is the stuff you were claiming was 'obscene'??
(This ought to be good.)
BTW...all porn is considered 'obscene'. :2 cents:
Seriously. Look at the root of the term obscene which come from the Greek
and was used to indicate action taking place off-stage because it was too hardcore.
(Think Oedipus putting out his eyes or Mr. Blonde cutting off the ear of officer Marvin Nash)
The reason Porn works is we're seeing something that is supposed to hidden.
(They've actually done brain studies on curse words similar to this—
they stimulate because they're taboo.)
BioDefenseGrad
Banned
^^ Again with the typical themes you'll find on chimpout.com.....:1orglaugh You're as transparent as a freshly windexed plate glass window)
('typical themes = the common whining by porn racists on the internet that bm/wf porn is tantamount to bestiality and white chicks sucking or fucking black dongs looks like their eating or fucking shit to them...)
Okay so, you said allot of the stuff is 'obscene'...since you're not likely to find eating shit and bestiality in the cases you cite...what is the stuff you were claiming was 'obscene'??
(This ought to be good.)
BTW...all porn is considered 'obscene'. :2 cents:
I was waiting for you to say that.
Guess WHO brought up this topic on the thread: YOU.
I was waiting for you to say that.
Guess WHO brought up this topic on the thread: YOU.
Uh...okay. What does that have to do with anything? What I brought up was relevant because it reflects the history of the laws and bans. I and at least one other person understands the actual record on that.
There is evidence in the Mann Act why prostitution remains archaically illegal. There is evidence some would like to rig up and exploit language to try and ban certain porn for some of the same reasons.
But what does IR porn necessarily have to do with being 'obscene' as you suggested a couple of times already???
Care to answer that question?
Erika Red
Official Checked Star Member
You Beat me to that comment Jane! lol
Also it all depends where you are speaking of, Some middle eastern countries don't allow either. While in the UK, like in Germany - going to a Prostitute is like going Saturday Night bowling, no bid deal.
I still don't know why more states don't adopt Nevada Style laws regarding prostitution. I believe Rhode Island did pass a law legalizing it back 3 years ago, but had heard it had been repealed not sure if that is fact. I look at it this way Legalize it tax the hell out of it and move on! The problme is all the hypocritical politicians, sure they will pay for a prostitute one night and the next day to get the support of some right wing religious group will condemn it (That analogy is a true statement of fact BTW).
So how many lawyers and judges are here on FreeOnes - just curious - lol
Rey C.
Racing is life... anything else is just waiting.
Oh believe me, we have LOTS of (self appointed) judges on here. We've sadly lost the greatest "judge" of them all though: the Honorable Will E Worm. But there are others who have apparently taken his place.
BTW, I agree with your post. But the problem isn't just the hypocritical politicians. It's also their hypocritical constituents, who love nothing more than being able to impose their morals on the rest of us.
Thirty something posts in and nobody has heard of California vs Freeman?
Only two states in the United States make a legal distiction between hardcore pornography and prostitution -- California and most recently New Hampshire (2008).
Here is the rest of the answer for the original poster.
http://en.wikipedia.org/wiki/California_v._Freeman (1987)
"As a result of this precedent, the making of hardcore pornography was effectively legalized in California."
Also see Miller vs California (1973) for how obscenity fits into this:
http://en.wikipedia.org/wiki/Miller_v._California
Pornography is protected free speech in California and New Hampshire but obscenity is not. You can be prosecuted anywhere else in the United States for the production of pornography.
The obvious question that always comes up is what about all the porn companies in Florida? Why don't they get prosecuted? The answer is they can be and have been... it's a matter of whether someone decides to prosecute.
Hope this helps.
Only two states in the United States make a legal distiction between hardcore pornography and prostitution -- California and most recently New Hampshire (2008).
Here is the rest of the answer for the original poster.
http://en.wikipedia.org/wiki/California_v._Freeman (1987)
"As a result of this precedent, the making of hardcore pornography was effectively legalized in California."
Also see Miller vs California (1973) for how obscenity fits into this:
http://en.wikipedia.org/wiki/Miller_v._California
Pornography is protected free speech in California and New Hampshire but obscenity is not. You can be prosecuted anywhere else in the United States for the production of pornography.
The obvious question that always comes up is what about all the porn companies in Florida? Why don't they get prosecuted? The answer is they can be and have been... it's a matter of whether someone decides to prosecute.
Hope this helps.
I think because the OP was questioning more the philosophical and practical differences than the case law and legal precedence.
Everyone knows there is some legal mumbo-jumbo which distinguishes the two. However, I took the OP question as rhetorical and a challenge to the practicality of a distinction.
Don't get me wrong, they are not one and the same...but the distinction is so microscopic that it doesn't make practical sense for one to be legal and the other not.
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