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#12
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09-02-2012, 11:25 AM
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Re: Complaints Over Death Photo Posting
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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