Ray Guhn Case to Depend on Community Standards

[Hammer]

Originally Posted by Rcourt64

Pandering? Oh please now Mighty One, Thats one serious ass charge there

Of course it's a serious charge and when I said "rumored" I just said it so it didn't sound like I was saying they were guilty but it is definitely the charge that the case in hinged on and the reason they were charged with racketeering and not just obscenity.

The thing that will suck for all of us is if they are found guilty of pandering because even if they are found innocent of obscenity, the government will claim it as a victory.

[RawAlex]

You guys need to pay very close attention to this one. The obscenity charges are going to be very difficult to push though to a guilty verdict. There is a fair amount of stuff possible in this that could take any decision either way to higher and higher courts. Those things include important issues like the definition of community in respects to the internet, the local of "obscene speech" relative to the location of the company, the locations used to shoot, and the location of the server used to deliver the content, etc.

Further, it is important to see the implications of counts not directly related to obscenity. Just like in the Diamond Jim spam case, the government not only put the spam (the main charge) on the table, but added in things like money laundering and playing games with offshore companies and accounts. The idea always is if you can't get the main charges to stick, you still have something to get them guys locked up and charged with.

My personal feelings is that 2257 rules (the newer ones) will be used in a similar manner, where companies will be charged with obscenity (headline news!) and also see charges related to 2257 and failure to maintain records accurately or to the standards set by the government. Those sorts of back door offences give the government the chance for a win even in loss, and also gives them a lesser crime to bargain down to, assuring a "win" for their side.

It is an important part of how the opponents of porn will attempt to run all US webmasters out of business.