On Dec 9, 2008, at 9:56 AM, DESLIPPE, MICHAEL CIV DCMA CIV DFAS wrote:
I simply don't have information to make a determination, but I've lived on this planet long enough to know that picture was never acceptable in America (1776 to date).
Wrong.
The Miller test has three prongs, each of which must be satisfied: http://en.wikipedia.org/wiki/Miller_Test
The (S)LAPS test is the one you're looking for, where "[Serious] Literary, Artistic, Political, Scientific" value exempts speech from being classified as obscene.
While you're at it, read up on: http://en.wikipedia.org/wiki/PROTECT_Act_of_2003
Basically, legally claiming works of art with naked children are 'obscene', simply because somebody finds it offensive, is unconstitutional in the United States..
Not only has such an artistic image (Virgin Killer) depicting a naked child picture been legal *since the founding fathers drew up the bill of rights*, repeated attempts to legislatively change this have failed, because doing so would require changing the wording of no less than the Constitution of the United States. (We take that document kind of seriously here, our military swears allegiance to it *over* our president, our congress, etc.)
Other nations find banning art, or political ideas, or science, or literature in the name of "obscenity" acceptable, but since its founding, the US has rejected such ideas.
I can't believe I've having to publicly lecture somebody with a @dfas.mil email address about this.
-Bop