Brad (braddotcom) wrote in lj_userdoc,
Brad
braddotcom
lj_userdoc

  • Mood:
  • Music:

FAQ on Indecency is legally wrong

This might sound nit-picky, but it is actually very important. In the FAQ on standards of decency, the answer refers to a Supreme Court Decision, widely known as the Miller case. The test listed in the FAQ answer purports to define "indecency." This is wrong.

The "Miller test" creates guidelines for defining obcenity, which is constitutionally unprotected speech (i.e. it can be banned). Pretty much anything else-- indecent or not-- is protected by the First Amendment to the Constitution. Of course, private parties such as LiveJournal can create whatever standards they want for themselves and their users. Nevertheless, the legal distinction between indecent speech and obscene speech is vital. "Miller" is completely irrelevant to LiveJournal's decency policy, and it is dangerous for everyone involved to mistake indecency for obscenity.
Subscribe

  • FAQ232

    There is a typo (or two) in FAQ232. I'm talking about the following sentence: Ddd them to your Friends list them with the Add Friend button at…

  • New FAQ: How do I deal with spam?

    This FAQ is meant to tie together all of our spam-related information, currently spread over several different categories. Ideally, I'd like to have…

  • Identity Account FAQs

    As LiveJournal Support regularly uses the term identity accounts both in answers to users and amongst themselves, and some system pages refer to…

  • Post a new comment

    Error

    Comments allowed for members only

    Anonymous comments are disabled in this journal

    default userpic

    Your reply will be screened

    Your IP address will be recorded 

  • 1 comment