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You're right, there is a huge difference between between illegal content and distasteful but protected speech. Yet you seem to be lumping them together in your post...

Inside your link it says, for something to be considered "obscene":

>The Miller test stems from Miller v. California, 413 U.S. 15 (1973), in which the US Supreme Court held that material is obscene if each of the following factors is satisfied:

>1) Whether the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest;

>2) Whether the work depicts/describes, in a patently offensive way, sexual conduct specifically defined by applicable law;

>3) Whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.

So, by law ALL THREE of the "obscene" criteria have to be met for it to be considered obscene. I want to focus in on #2, because I don't think pictures of children in bathing suits is sexual in nature. If it were, then taking your children out in public wearing said bathing suit would be illegal too... Now, people looking at those pictures may be sexualizing these images in the head, but the images themselves break no laws and show no nudity. So why exactly is reddit drawing the line there? Also, why is Toddlers in Tiaras fine? (there's a subreddit for that too). I don't understand what makes it so different to you (and to reddit admins).

I kept reading and further down in your link it says:

>Child pornography is any visual depiction, where "(A) the producing of such visual depiction involves the use of a minor [under 18] engaging in sexually explicit conduct; and (B) such visual depiction is of such conduct." 18 U.S.C. § 2252 The law prohibits knowingly possessing or transmitting (including by computer) child pornography.

I'm positive that children in swimsuits does not constitute being sexually explicit, so I'm still not getting why you are considering it illegal...

Finally, you say >when reddit (finally) decides to crack down on something that is plainly not legal speech

Yet, based on the legal definition that you provided these subreddits, for the most part, are participating in legal, albeit creepy, speech. Anything illegal has been removed and delt with according to law. Not sure who the real fear monger is here, but calling pictures of children in bathing suits "not legal speech" is disingenuous at best.



That's one test. But it's not the only one.

The Dost test establishes if an image depicts lascivious exhibition of the genitals or pubic area. If it does, it's considered child pornography.

Read on the six Dost factors. Note that it's not a bright line test -- you don't need all six to be true for an image of the genitals to be considered lascivious.

The Wikipedia article on the Dost test is quite apropos:

>Concerning the lascivious display of clothed genitalia, the Department of Justice described use of the Dost test in child pornography and 2257 documentation regulations in a 2008 rule, writing that the precedent United States v. Knox, 32 F.3d 733 (3d Cir. 1994) did not prohibit ordinary swim team or underwear model photographs, but "although the genitals were clothed in that case, they were covered by thin, opaque clothing with an obvious purpose to draw attention to them, were displayed by models who spread or extended their legs to make the pubic and genital region entirely visible to the viewer, and were displayed by models who danced or gyrated in a way indicative of adult sexual relations."

The distinction is not nearly as clear as you claim it to be.


> Now, people looking at those pictures may be sexualizing these images in the head

No, it's not only on their head. It's written right underneath the photos by redditors, ie: "my d* is so hard right now". So the picture by itself may be harmless, but the post as a whole puts children in a highly sexualized context.

To make matters worse, threads sometimes include links to fully illegal material on some download server. The bikini photos sometimes are just the thumbnail...

I doubt that's the case with Toddlers & Tiaras.


Captions don't change the contents of an image, no matter how terrible they are.


No, but the image+caption is different from just the image.




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