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Are_we__sure ago

Hi, all your posts on this have been very unclear and confusing.

What you seem to be asking is can obscenity law be applied to material like Elsagate or Pinkie Pie?

Is this the crux of the issue? Did I miss anything?

Enigmatic_Continuum ago

Yeah, that's it. Why is it you and the other shills are the only ones who couldn't see this? The genuine PG investigators identified this immediately.

Are_we_sure ago

Perhaps because you surrounded your post with extraneous and confusing nonsense.

I don't know what Pinkie Pie is, but the Elsagate/Toy Freaks stuff was not illegal.

Anthony Jeselnik's jokes are not illegal.

No federal prosecutor in the country would try to say that they are.

If you think these are legally obscene as oppossed being obscene in a colloquial sense, please lay out a case with a specific example that violates the Miller test.

Currently, obscenity is evaluated by federal and state courts alike using a tripartite standard established by Miller v. California. The Miller test for obscenity includes the following criteria: (1) whether ‘the average person, applying contemporary community standards’ would find that the work, ‘taken as a whole,’ appeals to ‘prurient interest’ (2) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law, and (3) whether the work, ‘taken as a whole,’ lacks serious literary, artistic, political, or scientific value.

Enigmatic_Continuum ago

It's nice to see you pandering to the amoral people in society.

Why do we even have movie and videogame ratings (G, PG, PG-13, R, NC-17)? You've heard of the watershed in relation to TV programming times, right? Why do TV programs have warnings that the program may not be suitable for some viewers?

It's nice to know you have no problem with YouTube funneling obscene materials to children and using keywords to target them to ensure they're being viewed by children.

Are_we_sure ago

It's nice to see you pandering to the amoral people in society.

Wtf are you talking about?

Why do we even have movie and videogame ratings (G, PG, PG-13, R, NC-17)? You've heard of the watershed in relation to TV programming times, right? Why do TV programs have warnings that the program may not be suitable for some viewers?

Movie ratings are not laws. They are put out by the MPAA which is an industry group.

https://www.mpaa.org/film-ratings/

You keep stating without evidence that YouTube is showing obscene material. You need to back that claim up. You are assuming facts not in evidence.

Also whether or not YouTube should have a ratings system is a separate issue from is some video or some tweet legally obscene?

Enigmatic_Continuum ago

More reading comprehension issues from you...

I didn't say the ratings were laws.

Have you ever heard of the FCC?

The FCC, however, does have enforcement responsibilities in certain limited instances. For example, the Courts have said that indecent material is protected by the First Amendment to the Constitution and cannot be banned entirely. It may be restricted, however, in order to avoid its broadcast when there is a reasonable risk that children may be in the audience. Between 6 A.M. and 10 P.M. (when there is the greatest likelihood that children may be watching,) airing indecent material is prohibited by FCC rules. Broadcasters are required to schedule their programming accordingly or face enforcement action. Similarly, the Commission has stated that profane material is prohibited between 6 A.M. and 10 P.M. https://www.fcc.gov/consumers/guides/fcc-and-freedom-speech

Federal law prohibits obscene, indecent and profane content from being broadcast on the radio or TV. That may seem clear enough, but determining what obscene, indecent and profane mean can be difficult, depending on who you talk to.

In the Supreme Court's 1964 landmark case on obscenity and pornography, Justice Potter Stewart famously wrote: "I know it when I see it." That case still influences FCC rules today, and complaints from the public about broadcasting objectionable content drive the enforcement of those rules.

In other words, if you "know it when you see it" and find it objectionable, you can tell the FCC and ask us to check into it.

Deciding what's obscene, indecent or profane

Each type of content has a distinct definition:

Obscene content does not have protection by the First Amendment. For content to be ruled obscene, it must meet a three-pronged test established by the Supreme Court: It must appeal to an average person's prurient interest; depict or describe sexual conduct in a "patently offensive" way; and, taken as a whole, lack serious literary, artistic, political or scientific value.

Indecent content portrays sexual or excretory organs or activities in a way that does not meet the three-prong test for obscenity.

Profane content includes "grossly offensive" language that is considered a public nuisance.

Factors in determining how FCC rules apply include the specific nature of the content, the time of day it was broadcast and the context in which the broadcast took place.

Broadcasting obscenecontent is prohibited by law at all times of the day. Indecent and profane content are prohibited on broadcast TV and radio between 6 a.m. and 10 p.m., when there is a reasonable risk that children may be in the audience. https://www.fcc.gov/consumers/guides/obscene-indecent-and-profane-broadcasts

Looks like YouTube needs to be held liable under these circumstances. Although, we all know that laws and regulations haven't caught up with technology. It's time this happened.

Are_we_sure ago

You do ynderstand that the FCC does not regulate the internet right?

Enigmatic_Continuum ago

You obviously didn't read my entire reply, or you would've seen that I addressed this in my last sentence.

Still having those reading comprehension issues, I see.

Are_we_sure ago

You're not really good at structuring your thoughts