The
Law v. LodgeNet™
Not
a Privacy Issue
Many
pornographers like to argue that people have a right to view hard core
pornography in the privacy of their hotel room or their home. This is an attempt
to take the attention off of the fact that they are actually pandering hard core
pornography, NOT using it privately. In order for it to be
"viewed" it first has to be "pandered."
The
U.S. Supreme Court addressed these issues by pointing out in Stanley
v. Georgia (1969) and in Miller
v. California (1973) that there is a difference between what people do in privacy and in
the actual public distribution of illegal material. If someone chooses to
distribute hard core pornography across state lines, they can be prosecuted
under Federal law.
Dear LodgeNet™...fair notice has been previously
provided
In
1973, the U.S. Supreme Court gave an example as to what types of material could
be prosecuted under Federal or state laws. In Miller, the Burger Court
noted:
This
much has been categorically settled by the Court, that obscene material is
unprotected by the First Amendment. "The First and Fourteenth Amendments
have never been treated as absolutes [footnote omitted]..."
We
emphasize that it is not our function to propose regulatory schemes for the
States. That must await their concrete legislative efforts. It is possible,
however, to give a few plain examples of what a state statute could define for
regulation under part (b) of the standard announced in this opinion, supra:
(a)
Patently offensive representations or descriptions of ultimate sexual acts,
normal or perverted, actual or simulated.
(b)
Patently offensive representations or descriptions of masturbation, excretory
functions, and lewd exhibition of the genitals.
Sex
and nudity may not be exploited without limit by films or pictures exhibited or
sold in places of public accommodation any more than live sex and nudity can be
exhibited or sold without limit in such public places...
Under
the holdings announced today, no one will be subject to prosecution for the sale
or exposure of obscene materials unless these materials depict or describe
patently offensive "hard core" sexual conduct specifically defined by
the regulating state law, as written or construed. We are satisfied that these
specific prerequisites will provide fair notice to a dealer in such materials
that his public and commercial activities may bring prosecution. (emphasis
added)
Do
satellite signals cross state lines?
Title
18 - CRIMES AND CRIMINAL PROCEDURE
PART
1 - CRIMES
CHAPTER
71 - OBSCENITY
§ 1462.
Importation or transportation of obscene matters
Whoever
brings into the United States, or any place subject to the jurisdiction thereof,
or knowingly uses any express company or other common carrier or interactive
computer service (as defined in section 230(e)(2) of the Communications Act of
1934), for carriage in interstate or foreign commerce-
(a) any obscene, lewd, lascivious, or filthy book, pamphlet,
picture, motion-picture film, paper, letter, writing, print, or other matter of
indecent character; or
(b) any obscene, lewd, lascivious, or filthy phonograph
recording, electrical transcription, or other article or thing capable of
producing sound; or
(c) any drug, medicine, article, or thing designed, adapted,
or intended for producing abortion, or for any indecent or immoral use; or any
written or printed card, letter, circular, book, pamphlet, advertisement, or
notice of any kind giving information, directly or indirectly, where, how, or of
whom, or by what means any of such mentioned articles, matters, or things may be
obtained or made; or
Whoever
knowingly takes or receives, from such express company or other common carrier
or interactive computer service (as defined in section 230(e)(2) of the
Communications Act of 1934) any matter or thing the carriage or importation of
which is herein made unlawful-
Shall
be fined under this title or imprisoned not more than five years, or both, for
the first such offense and shall be fined under this title or imprisoned not
more than ten years, or both, for each such offense thereafter.
By this standard, it appears that what LodgeNet™ is selling is
prosecutable under Federal law.
Click
here - http://usdoj.gov/usao/sd/ - to
ask the South Dakota Federal U.S. Attorney to investigate LodgeNet™ to
determine whether they are in violation of Federal law.
Click here - http://www.usdoj.gov/usao/offices/index.html
to find your U.S. Attorney. You may also ask him/her to investigate
hotels in your area who are carrying LodgeNet™ services.
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