(Although I’m sorry, in the sense that I should not discourage posts like your because of fears that I’d do that; it’s more valuable to have you post as you did than me crow about a point that is at best only a tiny example and at worst not even one.)
It’s not a minor thing at all. The GOP calling for a ban on pornography is news. The GOP calling for enforcement of laws regulating pornography isn’t just not news, it’s surprising it was ever not in their platform.
It’s the difference between invading Syria and having troops involved in a UN peacekeeping operation.
Your title is wrong. The GOP Platform (as it existed in 2012) did not Officially Endorse Banning All Porn. It really is a major thing. You say something happend that clearly did not happen. You’ve been called on it, and now you refuse to acknowledge your error.
Perhaps if people were interested this might be better for a spinoff thread.
But FWIW I don’t find your link terribly convincing. The study doesn’t per se involve scenarios in which “pornography is readily accessible via the internet”; rather it shows that a higher degree of any internet access coincides with a lower incidence of rape. Even if we were to buy the causality story (I don’t — varying degrees of internet access fails as a natural experiment) that doesn’t imply that greater use of pornography would lead to fewer rapes.
I mean, it may, but it remains undemonstrated.
“Porn decreases rape” is a valid and even plausible opinion, but it’s not anywhere near clear enough to render valid an accusation that the opposition is somehow pro-rape.
I’ve always thought that the Miller test was hopelessly vague. Okay, step #1. The answer is obviously “yes.” It wouldn’t be porn or nudie magazines if it wasn’t primary for a prurient interest.
Questions 2 and 3 are wholly opinions that can shift from one person to another. What I might be “patently offense” you may think is no big deal. Whether the work overall lacks literary, artistic, etc. is again up to each person to decide. How can a judge, as a matter of law, say that something does or doesn’t have literary value?
He can’t, which is why Potter Stewart was wrongly excoriated for “I know it when I see it”. It’s one of those things that will nearly always be a totality-of-the-circumstances analysis.
Could a judge decide that “literary” means “tells a story” and that therefore any single image is bannable?
Folders showing a progression of images from one series, and motion pictures would be allowed, just not one-off pics, even in collections
Legally plausible? Conceivably enforceable?
I think the justice department isn’t really enforcing based on the Miller test any more. Most porn online consists of one man, one woman, and one guy with a videocam filming them having sex in a hotel room. Very little else. If prosecutors or judges were going by Miller, most of those videos would not cut it.
I haven’t even read the OP, just the thread title.
Welp. Nice knowing you guys. (GOP, not SDMB.) Weirdly enough, given the filtering that goes into who gets to join the caucus, this should not be a terribly surprising result. Yet it still seems surprising to me. I wonder how avidly it will be pushed.
Edit: Read more of the thread. Awwww, so they’re not officially self-destructing over this yet?