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at 13 Mar 2008: 10:42
>>310 Uhm.... no it wasn't? The only part that was deemed unconstitutional was the part that made promoting underage art illegal. As in, it used to be illegal to say "Cub art iz hawt lul!", whereas now its not.
To quote wiki (inb4 "omg wiki iz wrong!")
....(i) an obscene visual depiction of a minor engaging in sexually explicit conduct; or (ii) a visual depiction of an actual minor engaging in sexually explicit conduct.
....court held that although the content described in subsections (i) and (ii) is not constitutionally protected, speech that advertises or promotes such content does have the protection of the First Amendment
Given that the second part makes the distinction of "an actual minor", the first part doesnt carry that stipulation. As such, an obscene pic of a non-real minor (eg: cub, loli, shota) ISNT constitutionally protected and IS illegal. Obscene, in this case, meaning that it doesnt pass the Miller Test.
SO: show around 20 people from your home town your cub collection. If the majority say they're offended, you're off to jail. If they say "ew gross" but aren't actually offended, you're off the hook. Yea right.
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