BelizeBreeze said:
Define pornography to the satisfaction of the U.S. Supreme Court.
Pornography" is a layperson's term, with no particular legal significance. Jones may believe that Penthouse is non-pornographic, while Smith believes that it is. Neither is incorrect.
The term of legal significance is "obscenity", which, after struggling for many years and through many cases, the U.S. Supreme Court defined in Miller v. California in 1973. It is a three-part test, as follows:
"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."
Note that part (a) does employ community standards. However, all three parts must be met for a work to be deemed obscene, and part (c), as the Court has held elsewhere, is a national threshold, not a community test.
Adults CHOOSE to get naked and do what they do...........Children are INSTRUCTED to get naked and don't have the maturity to know any better or to choose for themselves...........See the difference???? The reason it is illegal is because children are in essence being abused by the sickos that would make them do that stuff.