Question about starting new site and obscenity laws

[Arvee53]

My wife and I are preparing to launch a new site (very similar to SilverCherry)that will feature, among other things, tickling images and videos. Our question, especially to those now producing their own images and videos and operating their own websites to promote same is, how do you get around this?

""Sadomasochistic abuse."
Means, in a sexual context, flagellation or torture by or upon a person who is nude or clad in undergarments, a mask or in a bizarre costume or the condition of being fettered, bound or otherwise physically restrained on the part of one who is nude or so clothed." This same line and description is present in the obscenity laws of many states, including the one we live in.

It's the only thing so far that has thrown a damper on our plans. Can anyone offer any advice?

 

[TicklingDuo]

Arvee...There are many sites out there that present similar material to what you've described. I think it would be helpful to know what you plan to include. There are adult hosts (including some free ones) that will allow you to put up sites with fetish and BDSM material. I think the general rule is that the sub cannot be bound during intercourse. Other than that, pretty much anything goes...as long as you have specific consent from the sub on record to cover your butt.

We've bounced our site around all over the place. First, it was on normal servers who ended up shutting us down because we were apparently (just barely) crossing the lines of their TOS. Now, we've got a free adult server who will let us do anything we like. But, they're so flooded that their system has crapped out. So, our site is sitting there with no updates in close to a year because we can't get in. So, there IS a drawback to the free hosts. If you're looking to pay for space, you'll likely have better luck.

Good luck in your endeavors!

Ann

 

[Arvee53]

The site is no problem. We'll be paying for an adult content friendly web host. The problem is state laws. The line I have in " marks above is in nearly every state obscenity statute in states (44) where they have an abscenity law, our state being one of them.

 

[MistressValerie]

Important Legal Information!

I am offering this for general discussion purposes only, and not as legal advice:

As a rule, material is only obscene in the US if (1) it includes the depictions you described above or certain other designated acts (2) AND is "patently offensive" (3) AND "appeals to the prurient interest" (i.e., an "abnormal, morbid, or shameful" interest in sexuality as opposed to "normal curiosity") (4) AND, when taken as a whole, lacks serious literary, artistic, political, or scientific value.

The following websites have more specific legal information:

http://www.cdt.org
http://www.eff.org
http://www.epic.org

and my MSN site listed below includes a full text copy of a US Appeals Court ruling on Internet obscenity, in the Documents section.

I hope this info is of help.

Love and liberty,

 

[Arvee53]

Mistress Valerie, thanks for the info.

Ann, I'm having trouble emailing you. Tried the addy on your site but it comes back undeliverable.