But crucially:
> However, the court did not reverse its holding in Ashcroft v. Free Speech Coalition as to virtual child pornography which is not obscene under the Miller standard
But crucially:
> However, the court did not reverse its holding in Ashcroft v. Free Speech Coalition as to virtual child pornography which is not obscene under the Miller standard
Unless I’m misunderstanding it wrong, any kind of porn would pass the first two prongs of the Miller test: it’s for purient purposes and it has depictions of sexual acts. As for the third prong, I’m sure some porn out there has literary merit, but I would guess the vast, vast majority would not.
> virtual child pornography which is not obscene
Does it surprise anyone else that this is a legal possibility?
I get a little twitchy anytime we have laws based on something like obscenity, which is by definition a moral judgement.