Defining Pornography
Terra_Ascension said:
Very simple, yet interesting question:
Is tickling porn real porn?
And I don't mean nude because obviously that does count.
I'm talking clothed tickling - very revealing clothing such as tank tops.
No nudity or sex - just full out, fully clothed tickling videos - does this count as pornography?
What do you think?
TA
If you're asking individual opinion, then the answer is whatever people think it is, and many people will have their own opinion. The fact is, the answers will all be right, because pornography is subjective, and has NO legal basis here in the United States.
If, however, you're asking everyone's opinion about the
legal standard for pornography, then the answer is no longer subjective. The answer is no. Tickling fully clothed people does
not meet the legal definition of pornography, even if it was created for the explicit purpose of display to inidividuals who find such activities to be sexually arousing.
In the United States, the legal definition of objectionable sexual material is "Obscenity," and that law is defined in Miller v. California in 1973, and remains in place to this day.
In order for material to be deemed obscene by law, it must meet 3 separate criteria:
a. whether "the average person, applying contemporary community standards" would find that the work, taken as a whole, appeals to the prurient interest
b. whether the work depicts or describes, in a patently offensive way,
sexual conduct specifically defined by the applicable state law
c. whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value
If the material in question does meet ALL 3 criteria as defined when applied to State and Federal legal standards, then the material is not deemed obscene; a.k.a. Pornographic.