NO DOUGH
TY Baker
Its not a gray area. Read the rest of the pic above the underlining.
The pictures are not intended as CP, nor are they representation of minors.
SCOTUS says freedom of speech. Federal law.
Its disturbing how many people here want to ban this artwork as a crime which has no victim.
Its disturbing how many naive teetotallers actually report these.
Some nutcase said it leads adults to molesting children.
Thats why these drawings have not only artistic but political significance.
Artistic and political significance are other reasons why these drawings are lawful.
Anime girls fighting for the Constitution.
Flat Lives Matter.
Case law was just cited in this thread, with an image including a SCOTUS ruling.
You go find some case law for me to read.
Politics is downstream of culture.
Are you afraid of the nationalism and individualism at the heart of these drawings?
Not even close to what has been posted here:
He had real CP also.
The drawings portrayed children, not adults.
They were extremely graphic portrayals of abuse.
He was sending emails to kids.
"graphic acts of child pornography"
"Two years ago, Dwight Whorley went to a local office of the Virginia Employment Commission (VEC) in Richmond, ostensibly to look for jobs online. Instead, he used the state’s computer to download and send Japanese “anime” cartoons showing graphic acts of child pornography.
Because of a 2003 federal obscenity law, that’s illegal. The law, designed to help protect children from sexual exploitation, makes it a federal crime to produce or distribute obscene drawings, cartoons, paintings, or any other visual representations involving the sexual abuse of children."
"FBI Agent Gerald Kim, who led our investigation in Richmond, said the cartoons were extremely graphic. “There was no doubt about what was being depicted,” Kim said.
The Japanese anime was just part of the case against Whorley. Our cyber experts found digital photographs of child porn on the same VEC computer. Whorley had also used it to send explicit e-mails to a young girl and for other e-mails describing the sexual abuse of children—further violations of federal obscenity laws. In the end, we were able to link Whorley to the pornography, e-mails and other evidence on the computer. He was convicted of a total of 74 counts of obscenity and child pornography."
Obscenity:
the 1973 ruling of the Supreme Court of the United States in Miller v. California established a three-tiered test to determine what was obscene—and thus not protected, versus what was merely erotic and thus protected by the First Amendment.
Delivering the opinion of the court, Chief Justice Warren Burger wrote:
The basic guidelines for the trier of fact must be: (a) whether the average person, applying contemporary community standards would find that the work, taken as a whole, appeals to the prurient interest, (b) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; and (c) whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.
https://en.m.wikipedia.org/wiki/Obscenity
Prurient
marked by or arousing an immoderate or unwholesome interest or desire
https://www.merriam-webster.com/dictionary/prurient
If the lawyer had clients he wouldn't be answering questions on Avvo.
The pictures posted here are not described by the law.
They are not explicit.
They are not obscene.
They do not portray sexual activity.
They are not of minors.
Heres the citation he gives:
https://www.law.cornell.edu/uscode/text/18/1466A
18 U.S. Code § 1466A. Obscene visual representations of the sexual abuse of children
(a)In General.—Any person who, in a circumstance described in subsection (d), knowingly produces, distributes, receives, or possesses with intent to distribute, a visual depiction of any kind, including a drawing, cartoon, sculpture, or painting, that—
(1)
(A) depicts a minor engaging in sexually explicit conduct; and
(B) is obscene; or
(2)
(A) depicts an image that is, or appears to be, of a minor engaging in graphic bestiality, sadistic or masochistic abuse, or sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; and
(B) lacks serious literary, artistic, political, or scientific value;
or attempts or conspires to do so, shall be subject to the penalties provided in section 2252A(b)(1), including the penalties provided for cases involving a prior conviction.
(f)Definitions.—For purposes of this section—
(1) the term “visual depiction” includes undeveloped film and videotape, and data stored on a computer disk or by electronic means which is capable of conversion into a visual image, and also includes any photograph, film, video, picture, digital image or picture, computer image or picture, or computer generated image or picture, whether made or produced by electronic, mechanical, or other means;
(2) the term “sexually explicit conduct” has the meaning given the term in section 2256(2)(A) or 2256(2)(B); and
(3) the term “graphic”, when used with respect to a depiction of sexually explicit conduct, means that a viewer can observe any part of the genitals or pubic area of any depicted person or animal during any part of the time that the sexually explicit conduct is being depicted.
https://www.law.cornell.edu/uscode/text/18/2256#2_A
18 U.S. Code § 2256. Definitions for chapter
U.S. Code
Notes
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For the purposes of this chapter, the term—
(1) “minor” means any person under the age of eighteen years;
(2)
(A) Except as provided in subparagraph (B), “sexually explicit conduct” means actual or simulated—
(i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;
(ii) bestiality;
(iii) masturbation;
(iv) sadistic or masochistic abuse; or
(v) lascivious exhibition of the anus, genitals, or pubic area of any person;
(B) For purposes of subsection 8(B) [1] of this section, “sexually explicit conduct” means—
(i) graphic sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or lascivious simulated sexual intercourse where the genitals, breast, or pubic area of any person is exhibited;
(ii) graphic or lascivious simulated;
(I) bestiality;
(II) masturbation; or
(III) sadistic or masochistic abuse; or
(iii) graphic or simulated lascivious exhibition of the anus, genitals, or pubic area of any person;
Who is "we"?