Monday, September 27, 2021

Craig Shubert, Mayor of Hudson, Ohio, doesn't understand the meaning of CP

He should be sitting in a corner, alright, but with a dunce cap on. 

I am just going to assume this is a right winger (looks him up online) Yup, called it. What a dipshit. 

https://www.beaconjournal.com/story/news/2021/09/19/writing-prompts-child-porn-illegal-expert-weighs/8362770002/

"During last week's school board meeting, Hudson Mayor Craig Shubert issued an ultimatum: "It has come to my attention that your educators are distributing essentially what is child pornography in the classroom. I've spoken to a judge this evening. She's already confirmed that. So I'm going to give you a simple choice: You either choose to resign from this board of education or you will be charged."

Among the prompts in question: "Write a sex scene you wouldn't show your mom."

The book has been removed from the course by district officials.

The Summit County prosecutor said last week the sexual writing prompts aren't child porn, but the prosecutor's office is continuing to look into whether any other laws were broken."

"These allegations have resulted in threats being made against board members, faculty and administrators in Hudson," Summit County Prosecutor Sherri Bevan Walsh said Friday in a news release. "Those threats must stop. Under Ohio law, a prompt about a fictional writing is not child pornography. We will review this matter and determine if there is a factual basis that any laws were broken either by the writing prompts or the threats that have been made.” ...

Law professor: Writing prompts don't meet legal definition of child porn

A law school professor said he also believes the writing prompts did not constitute child pornography under the legal definition of the offense.

Michael Gentithes, associate professor at the University of Akron School of Law, said there are First Amendment rights that conflict with efforts to restrain publication of pornographic or obscene material.

However, he said, "even though the court looks at laws that restrict pornography with strict scrutiny, child pornography restrictions are often upheld on the grounds that the state has a really strong interest in protecting the children depicted from physical abuse."

After some of the writing prompts were shared with him, Gentithes said the material "doesn't depict any children whatsoever being abused."

He said it would "be difficult for written responses to a prompt like that to constitute child pornography because there's no images or video of someone engaged in a sexual act with a child."

Gentithes observed that "maybe you could — and this is a real stretch — suggest that other children viewing whatever was written in response to that [prompt] would have such a strong psychological or emotional reaction that it would fit the definition, but that's very unlikely."

While noting he could not say definitively whether written material could be considered child pornography, Gentithes said "almost all" criminal prosecutions of child pornography involve either photographic or video images of children engaged in sexual activity.

"The reason is you're worried about the damage [and the] abuse to the children that are depicted and the possible damage if other children see those images," he said.

Obscenity difficult to prove

He also said he strongly doubted the writing prompts would be considered obscene.

In Miller v. California in 1973, the U.S. Supreme Court ruled that for material to be considered obscene, it must meet all three prongs of the following criteria: predominately appeal to prurient interests; depict sexual conduct in a patently offensive way; and lack any serious literary or artistic value.

"It's a very difficult test to meet," Gentithes said.

1 comment:

  1. https://www.fox5dc.com/news/fox-5-exclusive-tiktok-vigilante-exposes-online-cyber-bullies-who-think-theyre-anonymous

    I found a new Vigilante this time he is trolling around Tik Tok under the name "The Great Loudini" to go after people he accuse of being "Harassers, Bullies, Pedophiles and Scammers" Yes "The Great Loudini is Tik Tok's version of Chris Hansen, Creep Catchers and Perverted Justice but this time he has a wider net than other cyber vigilantes combined we mentioned on Absolute zero unites.

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