Quote:
Originally Posted by raymor
Probably woulda have been a good idea given the Miller test, eh.
Since under Miller, the government has to show that the work TAKEN AS A WHOLE has no artistic or social value, we used to have a "legal" page with copies of Supreme Court decisions on our sites. The prosecution would have a tough time arguing that Supreme Court opinions have no social value. Not to say that technique would be bulletproof, but it would certainly tourist the prosecution's argument.
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Joe, if you have a moment, can you discuss the ideas in the post I have quoted above, and explain why this approach does not work?
I was about to give a shot at explaining it myself, but me doing it would only serve to oversimplify and misstate the arguments, standards and case law at issue, and the discussion deserves better than that.