Paul Giamatti arrested for pedophile book

[Melrapuo]

Just kidding...

But still, this dude was arrested.

http://www.cnn.com/2010/CRIME/12/20/florida.obscenity.arrest/index.html?hpt=T1

[A.J.]

Boo.

I had a "Sideways" joke and everything.

[realmenhatelife]

States shouldnt be allowed to have their own obscenity standards.

[Melrapuo]

States shouldnt be allowed to have their own obscenity standards.

They shouldn't be allowed to mail-order arrests either.

[realmenhatelife]

They shouldn't be allowed to mail-order arrests either.

That is some bullshit entrapment right there. It's illegal to buy this in Florida, and our community standards are such that we couldn't nail anyone for buying it, so we're going to buy it ourselves and then arrest the guy who sold it to us from a state where it is neither illegal to buy or sell it.

Oh yeah, we're also talking about ideas here.

[Zorro]

That is some bullshit entrapment right there. It's illegal to buy this in Florida, and our community standards are such that we couldn't nail anyone for buying it, so we're going to buy it ourselves and then arrest the guy who sold it to us from a state where it is neither illegal to buy or sell it.

Oh yeah, we're also talking about ideas here.

it's how they got Tommy Chong man

[zildjian361]

God Damn fuckin Howard Stern!

[furie]

States shouldnt be allowed to have their own obscenity standards.

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

[StanUpshaw]

Constitution, lol.

[realmenhatelife]

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

The Miller test for obscenity in which all three requirements must be met to exclude the material from protection under the first amendment:

Whether "the average person, applying contemporary community standards", would find that the work, taken as a whole, appeals to the prurient interest,

Whether the work depicts/describes, in a patently offensive way, sexual conduct specifically defined by applicable state law,

Whether the work, taken as a whole, lacks serious literary, artistic, political or scientific value.

I would argue that police officers actively targeting a person after he appeared in national stories about a controversial book can not be taken as "the average person" and the notion of community standards was conceived before the internet and needs to be redefined. The openness of communication is why I think it needs to become a federal standard, not a community one.

Patently offensive means its in a place you cant help but see it. Clearly this guy wasn't selling his book in Barnes and Noble, a Florida vice cop googled it and then placed an order.

The third standard is completely subjective and unquantifiable.

[furie]

The Miller test for obscenity in which all three requirements must be met to exclude the material from protection under the first amendment:

Whether "the average person, applying contemporary community standards", would find that the work, taken as a whole, appeals to the prurient interest,

Whether the work depicts/describes, in a patently offensive way, sexual conduct specifically defined by applicable state law,

Whether the work, taken as a whole, lacks serious literary, artistic, political or scientific value.

I would argue that police officers actively targeting a person after he appeared in national stories about a controversial book can not be taken as "the average person" and the notion of community standards was conceived before the internet and needs to be redefined. The openness of communication is why I think it needs to become a federal standard, not a community one.

Patently offensive means its in a place you cant help but see it. Clearly this guy wasn't selling his book in Barnes and Noble, a Florida vice cop googled it and then placed an order.

The third standard is completely subjective and unquantifiable.


now you're arguing something different. i quoted you when you said that states shouldn't have their own obsenity standards. you. states can and should have their own standards

[Justice4all]

Boo.

I had a "Sideways" joke and everything.

You won't get an opportunity again to use it in this context...so let's hear it anyway!


Oh and when you look at the video of him defending the book he wrote on CNN, he is doing it with a T-Shirt of different pictures of two lizards fucking in different positions.
CLASSY GUY!