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Complaints Over Death Photo Posting 

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  #11  
Old 09-01-2012, 11:54 AM
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Re: Complaints Over Death Photo Posting

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Originally Posted by r0tten View Post

Well I found that, but it seems to relate to pornography. Nothing about what is constituted as "obscene". I'd take a Class A misdemeanor for a badass death photo or video.
Therein lies much of the problem with the breadth of the law and the liberal measure of discretion that the courts are allowed in interpreting it. Context is also important.

Usually you're going to be okay so long as no one can mistake your posting for anything designed to arouse prurient interest. But once you've posted it publicly, the context is set by the public (and the court) rather than by your initial intent.

Which is to say that you can post a crime scene photo here on DR with the best of intentions...but as soon as ThaNeant or Jorgi the Larynx-Crusher come and talk about how sexy your dead girls are then you start running into possible Obscenity trouble because people are using your stuff to stroke to and publicly acknowledging that fact.

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  #12  
Old 09-01-2012, 04:39 PM
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Originally Posted by banedon View Post
Therein lies much of the problem with the breadth of the law and the liberal measure of discretion that the courts are allowed in interpreting it. Context is also important.

Usually you're going to be okay so long as no one can mistake your posting for anything designed to arouse prurient interest. But once you've posted it publicly, the context is set by the public (and the court) rather than by your initial intent.

Which is to say that you can post a crime scene photo here on DR with the best of intentions...but as soon as ThaNeant or Jorgi the Larynx-Crusher come and talk about how sexy your dead girls are then you start running into possible Obscenity trouble because people are using your stuff to stroke to and publicly acknowledging that fact.
There's also the fact that many of the laws have the wording "no social or educational value". I believe all the content in this site does have value. The amount of stuff I've learned here is amazing and yes a few people tug to crushed larynxes but then again people also fuck dogs and posting photos of them isn't considered obscene.

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  #13  
Old 09-01-2012, 06:26 PM
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Re: Complaints Over Death Photo Posting

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Originally Posted by wujuan View Post
they are the offical ones. if anybody can find them that would be way awesum.

They were fosted on facebook.

Figures fucking zuckerberg takes them down, but, leaves that annoying timeline! Hate that! He took down the cropping feature I liked, too!

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  #14  
Old 09-02-2012, 03:09 AM
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Re: Complaints Over Death Photo Posting

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Originally Posted by banedon View Post
Therein lies much of the problem with the breadth of the law and the liberal measure of discretion that the courts are allowed in interpreting it. Context is also important.

Usually you're going to be okay so long as no one can mistake your posting for anything designed to arouse prurient interest. But once you've posted it publicly, the context is set by the public (and the court) rather than by your initial intent.

Which is to say that you can post a crime scene photo here on DR with the best of intentions...but as soon as ThaNeant or Jorgi the Larynx-Crusher come and talk about how sexy your dead girls are then you start running into possible Obscenity trouble because people are using your stuff to stroke to and publicly acknowledging that fact.
Would the site's proprieter be held accountable for what members do though? I think part of the reason that NTFU got shut down and this site is still standing is because NTFU was displaying gore and porn on the same site, whereas this site aims to be a "news" site of sorts, and most obscenity statutes hinge around sexuality. But I'm not sure if the actions of posters would be considered part of the "work as a whole" that obscenity laws would be evaluating.

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  #15  
Old 09-02-2012, 12:25 PM
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Re: Complaints Over Death Photo Posting

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Originally Posted by dean mclean View Post
Would the site's proprieter be held accountable for what members do though? I think part of the reason that NTFU got shut down and this site is still standing is because NTFU was displaying gore and porn on the same site, whereas this site aims to be a "news" site of sorts, and most obscenity statutes hinge around sexuality. But I'm not sure if the actions of posters would be considered part of the "work as a whole" that obscenity laws would be evaluating.
Logic and reason would concur with your thoughts on the subject. Unfortunately, many Obscenity statutes are so reprehensibly over-broad that there's no telling just how a ruling would come down. It has gone (and will go again) both ways, though most of the time you are correct. I wasn't trying to point out bullshit obscenity charges as a 'normal' result from such postings, but just wanted to convey that there was always a CHANCE according to the ambiguous 'letter' of an overbroad law that you could catch a charge of this nature. Especially if people on the site respond in an overtly sexual manner to the post and you do not take pains to remove it in the wake of that. It is certainly a 'worst case' scenario, but the risk is always there.

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  #16  
Old 09-02-2012, 02:13 PM
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Re: Complaints Over Death Photo Posting

Who cares

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  #17  
Old 09-03-2012, 01:52 AM
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Originally Posted by jaymillz8p View Post
Who cares
You probably should since you're on this site. And if you live in America, this is far too close to censorship of actual real world news than I am comfortable with.

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