the Jack (buggery) wrote,
the Jack

Fanart: Teen Kilroy (rating to be determined after Abuse deletes my account)

Okay, LJ is claiming that not only text-only description, but any non-photographic depiction of someone under 18 (and photos, too, which I'd say everyone was on the same page about except that LJ has spectacularly failed to specify that only photographs of minors which include nudity and/or a sexual theme are obscene, so anybody who's posted fully-clothed photos of their babies, godkids, nieces, nephews etc. is distributing obscene material by the latest "clarified" definition) falls under the definition of "obscenity" in the United States and is therefore prohibited by LJ's Terms of Service.

The three standards a work has to meet to be considered obscene under US law are:

1) It has to appeal mainly to prurient interest, in the opinion of an average person (one with 2.3 children, one supposes? sounds like a paedophile serial killer to me) applying the standards of whatever "community" is relevant to the case at hand; and
2) It has to depict a sexual and/or excretory act which is "patently offensive" and also explicitly (HEH) listed in some state's criminal code; and
3) It has to be devoid of any "serious literary, artistic, political, or scientific value."

I'm going for the trifecta of visual (non-photographic) art involving a minor. Tell me how I did?

Here are the main areas I am seeking constructive criticism regarding:
Is his statement of age suffficient to establish that he's a minor?
Is it prurient, are you average enough to decide, and which community's standards did you choose?
Is the act depicted patently offensive, and if it's covered under a state statute, please indicate which one?
Is my hope of avoiding even political value defeated by the very circumstance under which the work was created?
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