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Sunday, October 5, 2008 12:00 AM

Porn producer invokes the Bush/Yoo defense -- unsuccessfully

Citizens who produce fictitious films depicting "humiliation" and "degradation" will be sent to prison. Government officials who do that in reality will be immunized.

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  • Sunday, October 5, 2008 02:48 PM

    The First Amendment, that's why

    Why did they go after him for obscenity and not any other charge?
    — hyblaean

    Because pornography is speech protected by the First Amendment. But child pornography and obscenity enjoy no First Amendment protection. So to get a conviction they have to go after obscenity.

    See <http://www.firstamendmentcenter.org/speech/adultent/topic.aspx?topic=pornography>.

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