Re:Man jailed indefinitely for refusing to decrypt hard driv...
by MichaelBurge on Tuesday March 21, 2017 @08:25AM
(#13921520)
> (B) is obscene
Those two words are hiding a lot. For example, it's probably not obscene in Oregon, since part of the Miller test defers to state law and we have a stronger state equivalent of the 1st amendment in our state constitution that would allow it.
And if you wrapped it in a story(like a manga or comic), it would be easier to argue that it has literary or artistic merit. Though, a "states' rights" argument would probably be more likely to succeed.
Those two words are hiding a lot. For example, it's probably not obscene in Oregon, since part of the Miller test defers to state law and we have a stronger state equivalent of the 1st amendment in our state constitution that would allow it.
And if you wrapped it in a story(like a manga or comic), it would be easier to argue that it has literary or artistic merit. Though, a "states' rights" argument would probably be more likely to succeed.