The Obscenity of Obscenity Laws
Here is a call to outlaw Obscenity Laws on the grounds that they are the only obscenity.
Full Disclosure: I don’t feel that I am defined by these things…but I do like sex…and I do like porn…
…and for me, the question of whether something is artistic or not is not relevant. In less controversial realms, I think Revenge of the Nerds and Alain Robbes-Grillet‘s The Voyeur are equally artistic, whatever that means to anyone…
It’s all just stuff, man…and a simple matter of whether you dig it or not.
John Stagliano, the porn magnate behind Evil Angel was only just recently acquitted of obscenity charges in a trial that is the first of it’s kind in over 25 years. I don’t think I’ve seen any of his films and I may not even be drawn to much of their content if I were, but I am so happy at the decision, the best result out of government since…?
Although the result was as it should have been, I am still offended that it even went to trial or, for that matter, that obscenity laws exist at all.
As with most political topics, most people spin their opinions based on what they personally like or don’t like to do. However, this is not about you voting for the next American Idol or whether or not you like blueberries. This is you saying that, “Yeah, I really, really don’t like that type of entertainment…so…maybe they should go to jail for 30 years?”
Regardless of how filthy and nasty the content of anything is…there is no foul as long as it is made by and distributed to consenting parties. It all flies unless Stagliano straps you down Clockwork Orange-style and forces you to watch Storm Squirters 2; or, without a proper invitation from the Department of Education, projects Rocco’s Golden Gapes into your kid’s elementary school.
If you don’t like it…don’t buy it…change the channel…install website blockers…parent your children…or just bury yourself in a bomb shelter until all scary, objectionable things you might stumble across on this, the Planet Earth cease to be.
Cause it’s ALL JUST STUFF, MAN… And there’s stuff I don’t like. I dislike seeing people wearing religious paraphernalia. It kind of drives me nuts…but you know what…not anywhere nuts enough to even think about banning it or charging someone under some odd obscenity or public indecency law.
Me? I strap on a helmet and deal…
But in a Twilight Zone world where the majority of people were atheists and there were odd underground sects of religious people rubbing it out to murals of the messiah or secretly getting high just from the act of dropping their kid off at a secret Summer Worship Camp, the gross majority would flip the penalties and take the “perverts” to jail.
That’s the old argument that comes up all the time. You have to protect that which you don’t like so that the tides don’t change and bring the stormtroopers to your door next. That’s a valid argument…but such a horrible reflection on our morals, that we require this paranoid reciprocity to replace logical legal arguments.
[Everyone can do whatever they want as long as it does not directly interfere with the rights of another to exercise this same freedom of pursuit.]
Apply to legal controversy…WASH…RINSE…REPEAT.
Still got dandruff?
Most people operate on the previous, more selfish argument, but either feel or actually have some practical assurance that they’re never going to come for them and their little activities. They pinned the tail on the donkey…or elephant…so they get to choose where to point the laws…and guns…fairly arbitrarily.
That’s democracy for ya. Of course, the idea would be for laws like the first amendment to dissuade these mob-mentality witch-hunts. I would prefer that there would be some general declaration of freedom in the Constitution or Bill of Rights that would basically state the Non-Aggression principle of natural law, but I would think that Freedom of Speech should cover pornography, in lieu. Unfortunately, it seems some things aren’t just speech…it’s speech that the ruling majority doesn’t like…and therefore should be punishable by up to 30 YEARS IN JAIL!
Obviously, the investigating/prosecuting authorities DO NOT like porn…publicly. However, that does not make it ILLEGAL…unless you bend the laws to basically say, “Whatever the fuck I like is good. And what I don’t like is punishable by a shit-storm of grief!”
I propose a new stipulation for these types of trials. If you are prosecuting a pornographer on an obscenity charge wherein all parties are consensual…and lose the trial…you will then be penalized by having to star in one of these films, as the receiver of some very serious shit.
I think you’ll find many of these would-be, arm chair prosecutors would start to admit, pre-trial, that it’s more about…just not personally liking the content…rather than it being illegal.
Thanks for playing…
For more on this:
Check the archive at Reason.com…fine promoters of Free Markets and Free Minds…you know…FREEDOM.
Also invaluable…though INCREDIBLY NOT SAFE FOR WORK…is super brazen sex blogger, Violet Blue who continues to argue against Porn Hysteria.