Redlar t1_irg1fzs wrote
Reply to comment by annnon26252918 in ACLU files federal discrimination complaint against Central Bucks School District, alleging discrimination against LGBTQ students by Zashiony
Define "obscene matter" in the legal sense not your opinion of it
annnon26252918 t1_irg4li0 wrote
Each State defines it differently, but since we're in a PA sub here's their law
> (2) sell, lend, distribute, transmit, exhibit, give away or show any obscene materials to any person 18 years of age or older or offer to sell, lend, distribute, transmit, exhibit or give away or show, or have in his possession with intent to sell, lend, distribute, transmit, exhibit or give away or show any obscene materials to any person 18 years of age or older, or knowingly advertise any obscene materials in any manner;
> "Obscene." Any material or performance, if:
(1) the average person applying contemporary community standards would find that the subject matter taken as a whole appeals to the prurient interest;
(2) the subject matter depicts or describes in a patently offensive way, sexual conduct of a type described in this section ; and
(3) the subject matter, taken as a whole, lacks serious literary, artistic, political, educational or scientific value.
None the less, what does sucking D*ck have to do with education?Are the girls and boys supposed to learn multiplication by how many D'cks they suck?
Like I said above, if a parent believes these kind of books are appropriate for their child, go buy it for them. It is not appropriate material for a learning environment.
Redlar t1_irgk1ma wrote
>(2) sell, lend, distribute, transmit, exhibit, give away or show any obscene materials to any person 18 years of age or older
This part has nothing to do with your argument.
As to whether or not it is considered obscene, the law does not support your argument because it does not pass the last part of this three part test, which you quoted:
>(3) the subject matter, taken as a whole, lacks serious literary, artistic, political, educational or scientific value.
Ultimately, the law appears to be entirely irrelevant to your argument because of this section:
(j) Â Exemptions.--Nothing in this section shall apply to any recognized historical society or museum accorded charitable status by the Federal Government, any county, city, borough, township or town library, any public library, any library of any school, college or university or any archive or library under the supervision and control of the Commonwealth or a political subdivision.
Whether or not something is obscene has been argued for more than 100 years in our country.
I did enjoy learning more about the law in PA so thank you for that.
>It is not appropriate material for a learning environment.
That is your opinion.
If you have concrete evidence that the book is to be found in elementary school libraries across the state, I would be very interested in seeing it. Do keep in mind that anecdotal evidence is not acceptable.
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