Provience
Kill!
new thread
Austin
Outside of the old half joke that "work filters will flag an image if 35% or more is of a similar tone that it appears to be skin and therefore likely obscene" and the ease that a 35% tag is to create, is there any reason why, with decades of internet behind us, we cannot simply adhere to the federal regulation and guidance for what is and is not obscene (and therefore illegal)?
I'm perfectly fine using 35% as a placeholder for NSFW when posting graphic images, but on the whole, art and history should not be something that people get their jammies in a wad over (and we established most of you wear at least some kind of jammies on the regular the other day
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https://www.justice.gov/criminal-ceos/citizens-guide-us-federal-law-obscenity
![Thefinger :flipoff2: :flipoff2:](https://data.irate4x4.com/assets/smilies/thefinger.gif)
Outside of the old half joke that "work filters will flag an image if 35% or more is of a similar tone that it appears to be skin and therefore likely obscene" and the ease that a 35% tag is to create, is there any reason why, with decades of internet behind us, we cannot simply adhere to the federal regulation and guidance for what is and is not obscene (and therefore illegal)?
I'm perfectly fine using 35% as a placeholder for NSFW when posting graphic images, but on the whole, art and history should not be something that people get their jammies in a wad over (and we established most of you wear at least some kind of jammies on the regular the other day
![Rasta :rasta: :rasta:](https://data.irate4x4.com/assets/smilies/rasta.gif)
https://www.justice.gov/criminal-ceos/citizens-guide-us-federal-law-obscenity
The U.S. Supreme Court established the test that judges and juries use to determine whether matter is obscene in three major cases: Miller v. California, 413 U.S. 15, 24-25 (1973); Smith v. United States, 431 U.S. 291, 300-02, 309 (1977); and Pope v. Illinois, 481 U.S. 497, 500-01 (1987). The three-pronged Miller test is as follows:Any material that satisfies this three-pronged test may be found obscene.
- Whether the average person, applying contemporary adult community standards, finds that the matter, taken as a whole, appeals to prurient interests (i.e., an erotic, lascivious, abnormal, unhealthy, degrading, shameful, or morbid interest in nudity, sex, or excretion);
- Whether the average person, applying contemporary adult community standards, finds that the matter depicts or describes sexual conduct in a patently offensive way (i.e., ultimate sexual acts, normal or perverted, actual or simulated, masturbation, excretory functions, lewd exhibition of the genitals, or sado-masochistic sexual abuse); and
- Whether a reasonable person finds that the matter, taken as a whole, lacks serious literary, artistic, political, or scientific value.