America Update
There's a bill in Oklahoma (SB593) that is seeking to make it a felony to produce, trade in or otherwise possess "obscene materials" with a penalty of 10 years in prison and a permanent place on the sex offender registry. This bill is a bounty hunter law, which means any person can report you and receive a reward. Listen up because if you're reading this, this law will apply to YOU.
What are obscene materials?
Obscenity is an intentionally vague category of unprotected speech that according to SCOTUS in Miller v. California includes the following:
The average person sees the material as having or encouraging excessive sexual interest based on community standards.
The material depicts or describes sexual conduct in a clearly offensive way as defined by applicable state law.
The work, when considered in its entirety, "lacks serious literary, artistic, political, or scientific value."
When questioned about at the time, the court responded with "You know obscenity when you see it."
"The average person" is the composition of the court, which Republicans control. The definition of "excessive" is up to people the Christo-fascist Dusty Deevers who drafted the bill. The "community standards" are the sexual mores of right-wing evangelical legislators and the "applicable state law" is this law, which the MAGA movement is seeking to test in Oklahoma and take nationwide, as affirmed by Speaker Mike Johnson, a man so corrupt he somehow got elected without a bank account and sends reports about his porn consumption to his underage son. These people are crazy, they're dangerous and they're coming for YOU.
What is being targeted?
Porn, obviously, but also fanfiction, romance novels, movies, and anything else that could be viewed in public that doesn't cut to black when sex comes up. Anything involving LGBTQ+ characters or anyone the right has successfully fetishized the existence of. Furries, monsterfuckers, ACOTAR girlies, everyone and everything that is not procreative, heterosexual coupling is liable to come under the definition of obscene. If it is on the internet, it is public enough to count. This affects EVERYONE.
How would they enforce it?
Selectively. The point of floating this legislation is not to target the Republicans who shut down Grindr when they gather in one place. It is not to arrest the guys protecting and advocating for child marriages or who don't believe in the marital rape. It isn't to prosecute the known chomos that occupy our halls of power or the convicted serial rapist that sits in the oval office. They are coming for you and me, because felons aren't allowed to vote and this law makes felons of ALL OF US.
If you ever had an abusive parent, a toxic partner, a boss or coworker who sexually harassed you, anyone with an axe to grind that you got away from, ANY of them can turn you in for money. You don't have to be kinky or queer or darker than blue. I'm a cis straight white man and they'll come for me too. If this law passes ANYWHERE, it will affect us EVERYWHERE. Do not let it.
What do we do?
Oklahomans, roll out. Call your state representatives. Show up at their offices. Show up at the state house. Protest. Make noise and spread the word. But this can't all be on you.
If you're in a red state, this bill WILL get shipped to you if it fails. And they will try over and over and over until it sticks. Make that option untenable. Grind your state government to a halt. Remind that you are here and you have the numbers.
If you're in a blue state, pressure your governments for sanctuary laws. Make your lawmakers promise to protect your right to speech and expression. Hold them accountable and let them know that this is unacceptable.
And if you're a MAGA nut or some accelerationist fuckwaffle who thinks this won't touch you, remember that snitching goes both ways. I'm willing to bet the stuff in your homework folder is worth a lot more years than any of ours, and I could use the cash.
If we aren't safe, you aren't safe. Those are the facts, so step up or get locked up. That's the state of play in America today.