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JD, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 1335
Experience:  Over 11 years of practice in litigation including 10 years as a state prosecutor
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Ive been asssured by you previously that the community standard

Resolved Question:

I've been asssured by you previously that the community standard for adult gay porn in Texas is codified statewide including my rural county. However, I'm bothered by the fact that some adult sites that you pay to join are prohibited in my zip code as that seems to be a contradiction in terms, specifically to the meaning of community standard. I'd like to know EXACTLY why some sites are restricted in my zip code (Tx 77836) and some aren't as they all offer basically the same thing (nothing kinky and I'm not interested in chat rooms). Also, how do I know that free adult gay blogs are not also prohibited in this zip code? Thanks again.
Submitted: 7 years ago.
Category: Criminal Law
Expert:  JD replied 7 years ago.

The government does not impose such restrictions on the ip addresses and zip codes. What you are seeing is the site owners making a risk prevention decision to limit their materials to locations that are less likely to prosecute them for distributing their product. Every state has a series of obscenity laws that prohibit the manufacture, sale or distribution of materials that are considered "obscene". It is rare that prosecutions are attempted as these laws are problematic in the light of current First Amendment trends.


Here is a link to the relevant Texas authority...


You'll need to scroll down to Subchapter B : Obscenity.


This section will give you the specific codes that exist in Texas about the promotion, production, and possession of obscene materials. As you can see, the definitions are rather vague. More conservative states have definitions that are a bit more demanding that others, which is why some website promoters will make a risk analysis and decide not to allow users in certain jurisdictions.


Please reply if I can help further.



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