Message from @Deleted User

Discord ID: 448220045261144078


2018-05-20 22:40:12 UTC  

Weird indeed.

2018-05-21 00:21:33 UTC  

@Deleted User can you send me some deets on that court case? I think this discussion may be worth a video and I want to start researching now.

2018-05-21 00:21:49 UTC  

wow

2018-05-21 00:53:33 UTC  

Go Fuck Yourself, Fenrir of the Right ! You Cunt.

2018-05-21 01:17:18 UTC  

Yeah, I'm not quite sure what happened with him.

2018-05-21 01:17:53 UTC  

And, I'm not sure if I caused it.

2018-05-21 02:02:33 UTC  

@Dick Daddy Foster Case in question is Ashcroft v. Free Speech Coalition. I kept one of my law textbooks chock full of Supreme Court cases. Decided in 2002 after the passage of the Child Pornography Prevention Act which made it a crime to create, distribute, or possess "virtual child pornography" generated by computer images of young adults instead of actual children. It was challenged by the Free Speech Coalition, a group of artists, photographers, and adult entertainment businesses. Ashcroft was theone prosecuting the case.

Justice Kennedy delivered the opinion of the court. Long story short, the CPPA went beyond established bounds in New York v. Ferber, building off of obscenity law established in Miller v. California. Sections 2256(8)(B) and 2256(8)(D) were found to be at fault. Sec. B prohibited "any visual depiction..." that "is, or appears to be, of a minor engaging in sexually explicit conduct." This was decided to be overly broad, and unenforceable. Sec D was found to be at fault for similar reasons, being overbroad. Sec. C was not challenged, and is the relevant section if we are discussing Shad here. Sec. C covered what was then called computer morphing, where you'd take an existing pic of a kid and photoshop it to look sexual.

5 decided against Ashcroft, 1 full dissent, 3 partial concurrances, with Scalia deciding partially in favor of the full dissent, part not.

2018-05-21 02:42:32 UTC  

See, but Shadman doesn't morph existing images. He makes his own from scratch usually, so how much Sec C can apply seems to be contentious.

2018-05-21 05:37:18 UTC  

@Deleted User I wouldn't be so sure. The precise reason Sec. C was never challenged by Free Speech Coalition, which the majority opinion confirms, was because actual children were involved in the process of morphing existing pictures. The precedent seems to be that if a kid was involved in the process, it's child porn. Now, we can play with the margins over how one can go about proving things, this is law after all, sometimes there isn't a smoking gun, but, in terms of the letter of the law, if Shad used Keemstar's underage kid as a model and such could be proven in a court of law, there's a very high chance the 1st Amendment doesn't protect his work in this instance. In the interest of providing a synopsis of the case for our Messiah here, I didn't mention that detail.

Note also this is one case and one law. Obscenity law has a surprisingly rich backlog of cases, and both Miller v. California and New York v. Ferber were also referenced. Like I said earlier, at best, Shad walking on cracking ice on this one. In all likelihood, he'd lose if connections to Keemstar's daughter can be drawn, unless one can marshall a counter-case that fits the situation better.

2018-05-21 12:58:20 UTC  

Hmm, so you're saying he might not even need to morph an existing image so long as the likeness of Keemstars duaghter was used?

2018-05-21 16:22:16 UTC  

seems so, yeah

2018-05-21 18:49:20 UTC  

@Deleted User Insofar as she can be proven to be a model. All precedent I'm aware of says that a real kid being involved means child porn, hence why Free Speech Coalition never challenged C. However, this is conditional upon the prosecution, Keemstar in this case, to prove that in court, which leads me to ask you this question.

How did you find out this was the case?

2018-05-21 19:36:45 UTC  

More importantly: Child porn is gay. And being gay is unacceptable.

2018-05-21 19:42:05 UTC  

@Deleted User Find out what was the case exactly?

2018-05-21 19:42:23 UTC  

That Shad used Keemstar's kid as a model, since that sparked this conversation.

2018-05-21 19:43:20 UTC  

I'm trying to establish if Shad outright said this or if this was just rumor or something.

2018-05-21 20:21:06 UTC  

Well I can send you the image in question as it's not sexually explicit. In fact, outside of the girl in the picture have what could be seen as a lewd face the image is not sexual in nature.

2018-05-21 20:23:28 UTC  

He had a slightly more lewd depiction of Lt. Corbis (renamed Lt. Whorebitch)

2018-05-21 20:25:18 UTC  

I only care if the material was pornographic in nature and if Shad had admitted to using Keemstar's daughter as a model. It may or may not pass obscenity law, I can't give a general prescription, but I'm wondering how you drew the conclusion that Keemstar's daughter was the inspiration.

2018-05-21 20:25:45 UTC  

The image depicts Keemstar holding her

2018-05-21 20:26:26 UTC  

although the image is of the kind where there are 3 shots in one

2018-05-21 20:27:08 UTC  

so its one of her being held and 2 of just her

2018-05-21 20:27:28 UTC  

one shot has her standing fully clothed with a possibly lewd face

2018-05-21 20:27:52 UTC  

the other is her eating popcorn and reciting Keemstars "lets get right into the news"

2018-05-21 20:28:01 UTC  

its an obvious parody

2018-05-21 20:29:25 UTC  

mind you the image possibly couldve been her giving head to trump

2018-05-21 20:29:38 UTC  

but shadman seemingly backed down from that

2018-05-21 20:30:18 UTC  

OK then, it looks like he's got innocent until proven guilty working in his favor then. I was thinking he sent out communications or subtitled it saying that or something, which would have been a massive red flag. It sounds like it wasn't going on into clear porn territory, and Shad knew enough to not clearly take it there, so the worst he'll face involves some obscure obscenity law not worth prosecuting.

He may be subject to potential damages later down the line, but that is depending entirely on whether there are damages to speak of.

2018-05-21 20:31:59 UTC  

theres only a disclaimer at the bottom stating the usual all persons depicted are ficticious but im not sure what thats worth

2018-05-21 20:32:50 UTC  

Depends on how the judge feels at the time TBH.

2018-05-21 20:33:21 UTC  

They're the guys responsible for calling whether this is transparent covering of the ass or genuine.

2018-05-22 02:47:54 UTC  

Go Fuck Yourself, 00 ! You Cunt.

2018-05-22 02:49:53 UTC  

???

2018-05-22 02:50:00 UTC  

oh well

2018-05-22 02:50:50 UTC  

Lol the only reason I came to this chat was because I got a discord notification that said go fuck yourself 00 ! You Cunt šŸ˜…

2018-05-22 18:00:30 UTC  

HAHAHAHAHAHAAH! WHAT A WONDFERFUL WAY TO COME BACK TO! 8D

2018-05-22 18:10:31 UTC  

Trini, I’m getting Blue to finish up the art.

2018-05-22 18:26:01 UTC  

Alright.

2018-05-23 04:15:41 UTC  

I need to give up on alcohol altogether...

2018-05-23 04:16:07 UTC  

Why would you start to begin with?

2018-05-23 04:16:54 UTC  

Depression. But regardless, it causes me to create such witchcraft as this.

https://cdn.discordapp.com/attachments/400441432315396099/448700829688528908/migger_koks_premire.png