When obscenity was first addressed by the adult industry the result was ‘The Cambria List‘ a document which tried to outline what might earn porn producers a day in court, based on successful convictions and material which had been previously prosecuted. One of the items listed was “No shots with appearance of pain or degradation” and the successful obscenity convictions of Clarence Thomas Gartman (34 months) and Alan McDowell (30 months) for shipping a title called ‘BVM 24′ across state lines suggests the old rules might still apply.
The video which includes no explicit sex, just scenes of nipple piercing, was deemed obscene by Judge Barefoot Sanders of the U.S. District Court for the Northern District of Texas. Judge Sanders rejected claims that ‘violence is speech’.
I would be very interested to know if the video suggested any lack of consent and/or included permanent damage to participants.
Given that many forms of violence carry with them some risk of harm, can this case be used as an argument for applying ‘Hollywood’ standards of simulation in adult material instead of todays cheap but risky ‘pure reality’ default? Might that lead to more interesting videos?
Sam–
The decision to use community standards has left me with mixed emotions since I was old enough to understand it. It was the foot in the door that opened up the adult industry we know (and occasionally love) today. But it also leaves us with a horrible hypocritical patchwork to contend with, and they are really the only part of launching a site with adult content (mild as it may be) that has kept me up at night.
It really is time for a minimal national standard, I just fear what it would be at this point.
BTW back to NSFW in the feed? I mean it is a lovely nipple and all…
Coming soon: Pierce My Nipple and Cum in My Gaping Hole 19
I had to Google “Judge Barefoot Sanders” just to makre sure he was real.
Chris - Thanks for warning us. I hope you get over it
Edco - I know, he sounds like his punishments.