March 30th, 2004

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02:03 am - 1KWFFH: on the prosecution of victimless sex crimes by underaged self-offenders

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1KWFFH: on the prosecution of victimless sex crimes by underaged self-offenders - graffiti.maverick — LiveJournal

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[User Picture]From: chrismaverick Date: March 30th, 2004 - 08:24 pm (Link)
Actually we do have the right to force that speech upon others. Within in reason anyway. You have the right to peacably assemble. You have the right to demonstrate. That's how protests work, for instance. In theory this means that you can display whatever you want on your property for instance. In practice however, decency laws (which I tend to disagree with) actually tend to get in the way of it. Frequently comic book and porn stores feel the brunt of this. Eides (the record and comic store in downtown Pgh) for instance was damn near put out of business a couple years ago, because people complained about band photos in their windows being over sexualized. They nearly lost their lease, until the ACLU and CBLDF stepped in to fight for them. That's the entire point. Not wheter its legal, but whether its right. If its ok for you to tell me I can't watch sex on my property then is it ok to tell me I can't play violent video games? Can you tell me I can't worship as I please? It really is dangerous ground to tread.

Your example isn't a slipperly slope. There is a specific difference between playing a movie inside my car and displaying it on a billboard. If I display it on a billboard, or even on a screen attached to the back of my car, I am trying to push the image to you. If I am watching it in my car then its your fault for invading my privacy. Honestly you aren't supposed to be looking in my car. You're invading my privicy. If there's something you don't want to see, then tough noogies.

That said, I also think that decency standards are pretty stupid. I think you should be able to put up a billboard with sex on it... I think that free speech is the most fundamental of our rights, and I think it should trump the right to be puritanical. But that's just me.
[User Picture]From: bogosort Date: March 31st, 2004 - 06:58 am (Link)
I guess we'll just have to disagree about the ability to force speech onto others. Protests and demonstrations and other such mass gatherings ideally are a means to show the power of ideas rather than an excuse for mob rule(which many of them devolve into). These sorts of assemblies should show those with power the strength of their ideas not coerce others into agreeing with them.

Watching on screens visible to the outside of your car is a public exhibition. The reason why car windows aren't allowed to be tinted to be a specific level is because certain parts of the interior of the car are supposed to be viewed by the public. Now if the laws were setup such that the interior of cars weren't supposedly a publicly visible space, then I'd buy the invasion of privacy argument. Back in the days of huge vans and floor mounted TVs where only the passengers can see it this never was an issue. With laptops, I know there exist a wide array of privacy filters that essientially limit the viewing angle so that not everyone can see what's going on.

What would you think about someone sitting on one of those sidewalk tables outside a coffee shop watching such materials on their laptop? On one hand they could be doing a public showing, on the other hand, they could be trying to form a bubble of privacy. What if instead of watching a such materials, they were handling private data? I'd argue that the burden of keeping the private things private lies on the exhibitor.

With all of this said, I do believe that decency standards are stupid, and when I raise kids, they will learn how to deal with being exposed. However if society seems to think that certain things aren't ok in public, then society has every right to enforce those things in public areas.

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