| Post/Author/DateTime | Post |
|---|---|
| #1yellowdingoJun 05, 2009 20:18:21 | We obviously cant discuss the original source of this Legal precedent, but because it extends to Anime and will progress through that, it will innevitably extend to Violence based games like D&D that are marketed to children. Are you prepared for a US ban on Dungeons and Dragons? |
| #2toastedamphibianJun 05, 2009 20:28:11 | No clue what your talking about dingy. |
| #3stealthmarmotJun 05, 2009 20:36:26 | A ban on anything like that would have problems getting pushed through, what with that pesky first amendment getting in the way. |
| #4EscherEnigmaJun 05, 2009 20:55:39 | YellowDingo is having fun playing Chicken Little. |
| #5MechaPilotJun 05, 2009 21:22:18 | A ban on anything like that would have problems getting pushed through, what with that pesky first amendment getting in the way. Well the first ammendment is right next to that other one that's always under attack. :lightbulb I know, we can get Charlton Heston and Ted Nugent to fight for our D&D rights. I don't know if Heston will go for it, but the Nuge loves the first amendment and is always up for a fight. Heston: You can have our D&D books when you pry them from my cold dead hands, you damn, dirty congress. |
| #6stealthmarmotJun 05, 2009 21:24:25 | Heston? Only if you find a Raise Dead spell. |
| #7MechaPilotJun 05, 2009 21:27:13 | Heston? Only if you find a Raise Dead spell. Heston died?! I didn't know that. Ok. This should fix it. Zombie Heston: You can have our D&D books when you pry them from my cold dead hands, you damn, dirty congress. |
| #8Dark_StrykeJun 05, 2009 22:09:53 | We obviously cant discuss the original source of this Legal precedent, but because it extends to Anime and will progress through that, it will innevitably extend to Violence based games like D&D that are marketed to children. I can never tell whether you're trolling or just that paranoid. Either way, well done. |
| #9pigknightJun 05, 2009 22:20:28 | If it gets banned then teens that are trying to be badasses would play it. ...I don't see how there's a change. |
| #10Dark_StrykeJun 05, 2009 22:31:23 | If it gets banned then teens that are trying to be badasses would play it. Well, it would no longer be teens playing it to pretend to be badass. It'd be teens playing it because they thought it actually was badass. Basically, there'd be a lot more teens that I'd want to hit in the head with a shovel. |
| #11pigknightJun 05, 2009 22:53:21 | Oh god...just imagine it! "Cool" kids will be playing D&D high... ..."Cool" kids have little grasp on reality to begin with... ...inb4anotherD&Dcausespeopletogocrazydebacle |
| #12EscherEnigmaJun 05, 2009 22:57:35 | Zombie Heston: [smallcaps]Mrrrrrrrrh![/smallcaps] |
| #13sier_labeguileuse_dupJun 05, 2009 23:26:03 | pfffffffffffffffffffffftttttttt. If anything happened, which I doubt, it would just be a requirement of a "mature content" label or something. |
| #14brotherjgizmoJun 06, 2009 0:13:05 | No such law would ever be passed, the constitution itself (1st amendment, more than anything) impedes it. |
| #15EscherEnigmaJun 06, 2009 0:15:22 | No such law would ever be passed, the constitution itself (1st amendment, more than anything) impedes it. Right conclusion, wrong reason. No such law will ever be passed and stay on the books, because there are quite a few organizations that focus on freedom of speech issue that challenge such things whenever they come up. The constitution is all fine and well on it's own, but unless people are actively trying to preserve it and fight unconstitutional laws and actions then it's all just pretty rhetoric. |
| #16toastedamphibianJun 06, 2009 0:18:04 | Such a law would never pass and stay on the books 'cus it would make the coporations angry. |
| #17brotherjgizmoJun 06, 2009 0:23:24 | Right conclusion, wrong reason. You are nitpicking, and you reasoning is wrong to begin with, such organizations would have no (legal) right to fight if it wasn't because of the first amendment clearly defining what the state as an institution could not do regarding speech, expression, peaceful assembly, the establishment of religion, and more importantly the right to petition. Without the amendment protecting the right to petition those groups could even be incapable of saying they have a right to argue in favor of their right to free speech. |
| #18EscherEnigmaJun 06, 2009 0:27:12 | No argument, but unconstitutional laws are made and passed all the time, and must be fought in court on those grounds. Merely being unconstitutional isn't enough to stop a law if there aren't people willing to fight it. |
| #19dirtyfrankJun 06, 2009 0:32:23 | Legislature can pass unconstitutional laws. A law must first effect someone before it can be challenged in court. |
| #20Reg06Jun 06, 2009 0:42:38 | yellowdingo is making a mistake here, the mistake being that yellowdingo did not realize the fundamental difference between the two issues- one is kiddie porn, the other is playing make believe. |
| #21brotherjgizmoJun 06, 2009 2:11:39 | No argument, but unconstitutional laws are made and passed all the time, and must be fought in court on those grounds. Merely being unconstitutional isn't enough to stop a law if there aren't people willing to fight it. Well as dirtyfrank says Legislature can pass unconstitutional laws. A law must first effect someone before it can be challenged in court. Also, my objection is to the apparent (I don't know if intentional) confusion about the cause (the constitution) and the effect (people defending it). Therefore such laws may not be passed (or nullified if passed) not because of people protesting against them, but because the constitution singles them out as unconstitutional and provides people the mechanism to fight against them. But this is really an unnecessary and sterile argument, we're both, ultimately, in agreement, I think. |
| #22sier_labeguileuse_dupJun 06, 2009 2:15:40 | And your de jure v. de facto argument is very obvious and boring :P |
| #23DralenanJun 06, 2009 2:16:40 | yellowdingo is making a mistake here, the mistake being that yellowdingo did not realize the fundamental difference between the two issues- one is kiddie porn, the other is playing make believe. Better hide the Book of Erotic Fantasy... |
| #24dirtyfrankJun 06, 2009 2:17:00 | hands can touch feet. |
| #25brotherjgizmoJun 06, 2009 2:17:13 | But me likey political arguments.... it's my present and future field of study. ![]() |
| #26sier_labeguileuse_dupJun 06, 2009 2:20:19 | hands can touch feet. mine can't... but what's that have to do with anything? |
| #27dirtyfrankJun 06, 2009 2:21:35 | mine can't... but what's that have to do with anything? I never said anything about your hands touching your feet. I just said that hands can touch feet. |
| #28sier_labeguileuse_dupJun 06, 2009 2:25:07 | I never said anything about your hands touching your feet. I just said that hands can touch feet. well, apparently I also lack the mental flexibility to understand what the heck your point was... |
| #29dirtyfrankJun 06, 2009 2:29:00 | My point is that hands can touch feet. Though I am not quite sure if feet can touch hands. |
| #30Reg06Jun 06, 2009 3:01:16 | I can clap my feet. |
| #31Greater_LammasuJun 06, 2009 5:09:09 | I still don't know what the OP is about. |
| #32cherubaddonJun 06, 2009 5:15:22 | Better hide the Book of Erotic Fantasy... ... and not to mention the Nymphology episode from Encyclopaedia Arcane. |
| #33riddling-reaverJun 06, 2009 7:50:23 | For those who haven't realised, the OP is probably referring to the Handley case, in which a Manga collector has pled guilty and now faces jail for importing manga which features child porn. |
| #34cherubaddonJun 06, 2009 7:50:23 | Ahhhh... Forgive my naiveté... isn't that like, the exact opposite of liberalism? |
| #35brotherjgizmoJun 06, 2009 7:51:59 | He's being Ironic and mostly wrong. |
| #36brotherjgizmoJun 06, 2009 7:55:50 | For those who haven't realised, the OP is probably referring to the Handley case, in which a Manga collector has pled guilty and now faces jail for importing manga which features child porn. hmmm....interesting, hope this gets to be heard at a higher court, would like to see what they say. |
| #37pigknightJun 06, 2009 11:27:30 | For those who haven't realised, the OP is probably referring to the Handley case, in which a Manga collector has pled guilty and now faces jail for importing manga which features child porn. D&D has kidie porn now? |
| #38ciaranJun 06, 2009 12:28:10 | Mostly from 3rd party developers. |
| #39MechaPilotJun 06, 2009 12:36:41 | I gotta say that I read this article:Handley case, And I really fail to see how it pertains to D&D. Maybe someone could point out the actual connection. |
| #401_ton_ghostJun 06, 2009 12:43:15 | Very dangerous precident, that case. Man, things are getting awfully fascist around here. |
| #41dirtyfrankJun 06, 2009 12:44:03 | I think the connection the OP is trying to make is that they are both fantasy and/or make believe. I think the OP is using the slippery slope argument here. |
| #42MechaPilotJun 06, 2009 12:49:40 | I think the connection the OP is trying to make is that they are both fantasy and/or make believe. I think the OP is using the slippery slope argument here. I can certainly see the point there. Thank you for clearing that up. |
| #43brotherjgizmoJun 06, 2009 12:57:45 | I'd have to disagree though, even if DnD had a satanic element to it (and any rational person would know there isn't) it would still be protected by the first amendment. In this case, however, they are arguing that possession of lollicon is possession of child pornography (if I'm not mistaken Canada has a similar law), something that I personally agree with for the mere issue that apart from enjoying ****, what would posses someone to purchase and amass such comics. (Of course if the law is overturned, I'll probably don't care either). |
| #44cherubaddonJun 06, 2009 13:07:46 | ..., something that I personally agree with for the mere issue that apart from enjoying ****, what would posses someone to purchase and amass such comics. (Of course if the law is overturned, I'll probably don't care either). Why? Being a **** isn't a crime - acting on it is. Because you psychologically (and sometimes physically) damage defenceless children et cetera et cetera. No-brainer. But if you happen to be attracted to children (for whatever reason), but you are a person upstanding enough to not act on it either directly or by watching porn (which exploits children the same way), isn't hentai a great substitute? After all, it's just lines on paper. Nobody gets hurt from it. You can keep your fetishes in the closet without having to repress them, and the kids in your neighbourhood grow up safe. Everyone's happy. What's the problem? I still don't understand. Apart from this, I gather from the article that the person in question was a collector. So beyond ****, there's a perfectly valid reason for importing such mangas. |
| #45brotherjgizmoJun 06, 2009 13:19:56 | Why? Being a **** isn't a crime - acting on it is. Because you psychologically (and sometimes physically) damage defenceless children et cetera et cetera. No-brainer. But if you happen to be attracted to children (for whatever reason), but you are a person upstanding enough to not act on it either directly or by watching porn (which exploits children the same way), isn't hentai a great substitute? After all, it's just lines on paper. Nobody gets hurt from it. You can keep your fetishes in the closet without having to repress them, and the kids in your neighbourhood grow up safe. Everyone's happy. What's the problem? I still don't understand. As I said in the previous post, I don't care if the law exist or not, obviously the courts will have to rule on the constitutional issues its existence as a law presents. Also you are right **** is a crime is you act on it; however this law defines the possession of lolikon as possession of child pornography (as do many other European Countries, if I'm not mistaken). So as far as the law is concern, he did commit a crime and admitted (reluctantly) to it. I could make the slippery slope argument, but the argument is a slippery slope in it self and mostly reaches no conclusion. This is one of those issues where morality defines law, and the question is 'Is lolikon child pornography because of the idea it represents?' I feel inclined to say yes, I however know that I can be very wrong and won't mind if the courts (that oftentimes invisible branch of government) decide otherwise. |
| #46brotherjgizmoJun 06, 2009 13:36:56 | Found this interesting tidbit: "The law surrounding simulated child pornography in the United States is complex, but can be summarized as follows: simulated child pornography is generally protected speech, unless offered as if real children were involved, or if the material is deemed to be obscene." In order for something to be deemed obscene it must pass the Miller Test and meet all three of its requirement. 1)Whether the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest, 2)Whether the work depicts/describes, in a patently offensive way, sexual conduct or excretory functions specifically defined by applicable state law, 3)Whether the work, taken as a whole, lacks serious literary, artistic, political or scientific value. (This is also known as the (S)LAPS test- [Serious] Literary, Artistic, Political, Scientific.) |
| #47mock26Jun 06, 2009 13:46:29 | Look at how well narrow-minded people have done at banning The Adventures of Huck Finn, 1984, The Great Gatsby, A Brave New World, To Kill a Mockingbird, Lord of the Flies, Slaughterhouse-Five, The Satanic Verses, and Animal Farm (to name a few). If the government were to ever ban Dungeons & Dragons I would not worry about it because at that point there would be more important and bigger issues to worry about! |
| #48brotherjgizmoJun 06, 2009 13:51:50 | The government would never be able to ban DnD in the current political reality. So worrying about it is alarmist and stupid. |
| #49dirtyfrankJun 06, 2009 13:52:39 | Why do you say such? |
| #50mynameisjakeJun 06, 2009 13:53:05 | hands can touch feet. Hands Can Touch feat? What PrC has that for a requirement? And can I trade it in for something else? |
| #51mock26Jun 06, 2009 13:53:51 | In this case, however, they are arguing that possession of lollicon is possession of child pornography (if I'm not mistaken Canada has a similar law), something that I personally agree with for the mere issue that apart from enjoying ****, what would posses someone to purchase and amass such comics. But it is not known if he was collecting just lolicon manga, or manga in general. The article is a bit ambiguous on that fact. |
| #52brotherjgizmoJun 06, 2009 14:00:22 | He was collecting manga in general I believe, from what I can gather from the article. However it is his possession of Lolicon which got him charged with child pornography (the pictures must have been rather objectionable in order to be considered child pornography). |
| #53brotherjgizmoJun 06, 2009 14:04:32 | Why do you say such? Because it is no longer majority opinion that DnD = Satan, take this from a Fundamentalist Baptist who plays DnD while serving a position as assistant Treasurer. And most people wouldn't fall for such argument (look at how horribly the most extreme of the whole 'Video Games are Violent and Must be Banned' movement has gone). |
| #54dirtyfrankJun 06, 2009 14:08:04 | D&D does not need to = Satan for it to be banned. All there needs to be is people that want to censor others for it to be banned. There are plenty of people in the US that wish to censor others. |
| #55cherubaddonJun 06, 2009 14:13:01 | There are plenty of people in the US that wish to censor others. Not only in the US. As somebody brought up the "video games = killing sprees waiting to happen", let me just throw in that that's actually drawing quite a crowd over here in Germany. To each culture its lunacy, I suppose. |
| #56MechaPilotJun 06, 2009 14:15:49 | D&D does not need to = Satan for it to be banned. At least then we could claim religious persecution. |
| #57brotherjgizmoJun 06, 2009 14:34:59 | D&D does not need to = Satan for it to be banned. All there needs to be is people that want to censor others for it to be banned. There are plenty of people in the US that wish to censor others. There is no legitimate movement that would find DnD worthy of censorship at the moment, nor, if demographics and trends continue, will there ever be. Unless we suddenly become a nation griped by mad religious fervor (and I say this as an active Baptist) and fear and feel a nationwide need to purge anything fantastical, it won't happen. To worry about this, is, at the moment, idiotic and stupid. |
| #58dirtyfrankJun 06, 2009 14:37:45 | Just because it looks like it wont and can't happen now it doesn't man that it wont happen in the unforeseeable future. |
| #59brotherjgizmoJun 06, 2009 14:42:56 | Unlikely considering the present course of human opinions. So why worry? |
| #60MechaPilotJun 06, 2009 14:46:18 | Honestly, censorship mostly happens because people see the sex and violence in a particular work out of context. Since there is no visible sex or violence in D&D, it will mostly slip under the radar. But lord help us if they make a good D&D movie that is sexy and violent. It will be the death of our hobby. |
| #61brotherjgizmoJun 06, 2009 14:47:41 | No it wouldn't. It'd be the fuel for bloggers of a skewed mind, but nothing else. |
| #62MechaPilotJun 06, 2009 14:50:30 | No it wouldn't. It'd be the fuel for bloggers of a skewed mind, but nothing else. I know. I was using hyperbole to get a laugh. Besides, I think we have nothing to worry about in the department of getting a "good", sexy, and violent D&D movie. |
| #631_ton_ghostJun 06, 2009 14:54:23 | Found this interesting tidbit: |
| #64dirtyfrankJun 06, 2009 14:54:27 | Unlikely considering the present course of human opinions. So why worry? I'm not worrying about this though I am worried about censorship topics in general. For instance. Recently a radio show in my home town has a member that said something that a member of the LGBT community got offended by. This person has now started spreading some slanderous stuff about the radio show and is demanding that the radio hosts apologize (for having an opinion) and is trying to get the radio hosts kicked out of the public media line of work and banned from it. All because of something one of the hosts said was taken way out of context. So a big and ever growing censorship issue is happening right in the city I live in so the idea of censoring people is a big issue for me as a whole. |
| #65brotherjgizmoJun 06, 2009 14:59:21 | Well since it's not the government doing the censorship, there are no constitutional rights being violated. If he is fired, it is because of a business decision. Anyway, if it's something like Imus he'll be back before he even reaches the door of the station. By the way, was it Savage? |
| #66EscherEnigmaJun 06, 2009 15:03:11 | I'm not worrying about this though I am worried about censorship topics in general. Frankly, unless the radio person actually violated the FCC's regulations, then it's just a lot of hot air being blown around. If the people can drum up enough bad press then the person might get fired, but there's no real (legal) danger. Of course, as much as it's the radio person's right to have an opinion, it's the people's right to get offended over it and make their opinion heard. That's how it works. Freedom of speech does not mean freedom from people not liking it, and in a business like radio that can mean someoen gets told from the boss upstairs to shut their trap, and frankly that's nothing new. So though I don't know the details, I suspect that nothing major will come of it unless the radio person violated the FCC's regulations, in which case the people upset over it are attacking this from the wrong angle entirely. But who knows, I may be wrong. |
| #67dirtyfrankJun 06, 2009 15:03:15 | Well since it's not the government doing the censorship, there is no constitutional rights being violated. The person that is offended will probably take thing to court because I don't think the radio station will drop the show. The show is really the only thing keeping the radio station running. If the offended person doesn't get an apology soon (which wont ever come) then the person will most likely take it to court (probably for the advocating of beating transgendered children, which is something that the radio hosts have never supported). |
| #68brotherjgizmoJun 06, 2009 15:05:06 | Show Omg, actual real research and precident cited (rare)...nj/respect, even if some of the legality therein seriously gets under my skin. |
| #69dirtyfrankJun 06, 2009 15:07:08 | Of course, as much as it's the radio person's right to have an opinion, it's the people's right to get offended over it and make their opinion heard. We have no right to be offended. We can be offended but in being offended it doesn't mean that we can infringe upon there people's rights. We either need to just deal with it or change the channel/station/walk away so that it no longer bothers us. |
| #70EscherEnigmaJun 06, 2009 15:08:13 | The person that is offended will probably take thing to court because I don't think the radio station will drop the show. The show is really the only thing keeping the radio station running. If the offended person doesn't get an apology soon (which wont ever come) then the person will most likely take it to court (probably for the advocating of beating transgendered children, which is something that the radio hosts have never supported). Sounds like the radio will win in court then, unless they have an incompetent lawyer. |
| #71EscherEnigmaJun 06, 2009 15:12:02 | We have no right to be offended. Perhaps I had a poor choice of words, but (as long as you don't cross into slander or libel) speaking your own opinion about someone else is also protected speech. Just because you don't like something doesn't mean they're not allowed to say it. That goes both ways. |
| #72brotherjgizmoJun 06, 2009 15:12:10 | The person that is offended will probably take thing to court because I don't think the radio station will drop the show. The show is really the only thing keeping the radio station running. If the offended person doesn't get an apology soon (which wont ever come) then the person will most likely take it to court (probably for the advocating of beating transgendered children, which is something that the radio hosts have never supported). 'What did the radio guy say?' (quote please). And if it is taken to court unless the Radio Guy said something that is not protected under the first amendment, nothing serious will happen to him. |
| #73brotherjgizmoJun 06, 2009 15:13:48 | We have no right to be offended. The first amendment only applies to government restriction on language not on interpersonal censorship. |
| #74dirtyfrankJun 06, 2009 15:23:18 | The first amendment only applies to government restriction on language not on interpersonal censorship. It's on a public radio show so they have to follow FCC guidelines. Also, I'm sure that if there is no apology then the offended party will try and make the Californian government force this person to apologize and force this person out of the radio industry. I can't find the exact quotes in written form but I can link to the audio of the show talking about and explaining it. I'll PM it to you. |
| #75brotherjgizmoJun 06, 2009 15:43:36 | It's on a public radio show so they have to follow FCC guidelines. Also, I'm sure that if there is no apology then the offended party will try and make the Californian government force this person to apologize and force this person out of the radio industry. I can't find the exact quotes in written form but I can link to the audio of the show talking about and explaining it. I'll PM it to you. I don't think the FCC will intervene here, and the California Government can't do anything such as you claim would be done. Also, there is no evidence GLAAD wants to sue, they are effectively doing a quarantine. The guys however were insensitive, they're gonna have to attain to the consequences (and the guys did say as much that he would hit his son if he was transgender). In the end, however the state cannot act as the statements were not meant nor did they cause imminent lawless action. |
| #76dirtyfrankJun 06, 2009 15:48:59 | Similar things have been tried in court here in California. I'm sure that if social pressure can't get the DJ fired then the offended persons will probably try the court. It doesn't matter if the government can infringe for next step would be the offended party to try and get a law or state constitutional ban on such behavior. |
| #77RustmonsterJun 06, 2009 17:03:49 | Doesn't child pornography require... children in it? Are people seriously worried that that poor ink will now be warped for its entire life? |
| #78dirtyfrankJun 06, 2009 17:20:37 | Pornography with cartoon children in it is considered child pornography in the US. |
| #79pigknightJun 06, 2009 17:42:52 | Doesn't child pornography require... children in it? Are people seriously worried that that poor ink will now be warped for its entire life? As long as the ink is 18 years old it's fine. |
| #80turalisjJun 06, 2009 18:02:52 | We obviously cant discuss the original source of this Legal precedent, but because it extends to Anime and will progress through that, it will innevitably extend to Violence based games like D&D that are marketed to children. This has already been debated in courts and overruled. The US will never have a ban on violence based games, anime, etc. It is a major violation of freedom of speech. Now, someone call in Webster. |
| #81dirtyfrankJun 06, 2009 18:22:00 | Now, someone call in Webster. I PMed webster before anybody responded to the this thread, so that part has already been taken care of. |
| #82MechaPilotJun 06, 2009 18:24:43 | I PMed webster before anybody responded to the this thread, so that part has already been taken care of. Who is Webster? I assume you're not talking about Emmanuel Louis or the dictionary guy. |
| #83pigknightJun 06, 2009 18:32:15 | Who is Webster? Forum Lead. Also, inb4lock |