唔好講係露三點定露四點的「淫照」，原來稱之為文明都會的美國，執法仲衰過香港。在美國賓夕凡利亞有個女人在網上post了一些小說是關於兒童性虐待的故事，但就沒有任何圖片，佢之後就俾人拉左，而這個控罪係可以判三十年的。現在可以講最要開放的地方，反而是大陸．．．
February 1, 2008, 3:45 pm
Obscenity Prosecution: Do You Know it When You Read it?
Posted by Peter Lattman
Obscenity Prosecution: Do You Know it When You Read it?
Posted by Peter Lattman
A woman in Pennsylvania is being prosecuted under the federal obscenity laws or posting graphic short stories on the Internet — with no pictures —
that detail the sexual abuse and torture of young children. The woman, who
says her writing helped her deal with her own sexual abuse as a child, had
29 subscribers before her site was shut down by the feds. She’s been
charged her with crimes for which she could serve 30 years in prison. Here’s
the ABC News story.
Some find her prosecution draconian. “We haven’t seen anything like that
since the ’60’s,” said Columbia Law professor Tim Wu, describing Fletcher’s case to ABC News as “astonishing.”
While child pornography cases have been made a priority of the Bush DOJ,
adult obscenity cases have been rare. Rarer still: Ones with no photos or
images. Under Miller v. California, pornography can be prosecuted as obscene
if, taken as a whole, it lacks artistic, literary or scientific merit;
depicts certain sexual conduct in an offensive way; and is prurient as
measured by contemporary community standards. According to ABC, in the
three-plus decade since the case, not a single successful federal obscenity
prosecution has been based solely on the written word, though the court has
decided that written descriptions alone can be obscene.
“The U.S. Attorney’s office and I felt that the stories involved here are
extremely graphic, depicting the torture and rape of children, and thought
they were worthy of prosecution,” said Stephen Kaufman, the federal
prosecutor in Pittsburgh prosecuting the case. He pointed out that AG
Ashcroft had made obscenity prosecutions a priority, and so has his boss,
Mary Beth Buchanan.
ABC says her case will likely focus on whether her writings have literary or
scientific merit. She’s represented by noted First Amendment lawyer Jerome
Mooney, who will cites in legal papers everything from South Park ot Norman
Mailer for the proposition that sexually explicit material can be socially
acceptable.
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