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Obscenity Archives

Critical Win for the Defense in an Obscenity Case

In recent years, Tennessee's subjective and draconian application of the sexual exploitation of a minor criminal statute has resulted in some chilling outcomes. The statute was intended to combat child pornography. But it has also been used like a heavy spiked club to incarcerate people even for photographing appropriately dressed minors engaging in age-appropriate activity. It was getting so bad that we could have to worry about being arrested for having a camera in a public park where there may be kids around. Finally, a panel of the Tennessee Court of Criminal Appeals is restoring some sanity to the application of this criminal obscenity statute.

Critical Win for the Defense in an Obscenity Case

In recent years, Tennessee's subjective and draconian application of the sexual exploitation of a minor criminal statute has resulted in some chilling outcomes. The statute was intended to combat child pornography. But it has also been used like a heavy spiked club to incarcerate people even for photographing appropriately dressed minors engaging in age-appropriate activity. It was getting so bad that we could have to worry about being arrested for having a camera in a public park where there may be kids around. Finally, a panel of the Tennessee Court of Criminal Appeals is restoring some sanity to the application of this criminal obscenity statute.

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Knoxville, TN 37902

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