From the Wikipedia article:
Just failing the Dost test isn't enough for it to be declared obscene. And if you're not aware, the courts have tended to err on the side of "artistic merit" in an absurd number of cases, so that prong of the Miller test is pretty hard to get past.
It's not exactly a slam dunk case.
This is why I think it's a very big risk for the American Right and the government to take legal action against Netflix because they will lose then.
So when it comes to the track records of the American Left and the American Right, I know their track records very well.
Now when it comes to gun rights and also religious freedom, the American Right is at their strongest regarding these issues because the United States in the beginning was founded on these values so they will win lots of cases to protect gun rights and religious freedom. Now when it comes to the things that offend them such as pornography and edgy movies they are at their weakest because they still think their 'Christian morality' even means anything and they still refuse to accept the fact that Christian doctrine aren't valid arguments anymore in the Federal Courts and the Supreme Court, this is why the American Right lost the gay marriage issue a while ago. So every time the American Right tries to pass laws that attempts to ban or censor the things that offend them then those said dumb laws get struck down as unconstitutional in the end.
So with the American Left, they are at their strongest when it comes to progressivism, fighting for the rights for minorities, and also fighting for artistic and creative freedom and they won many cases related to these things. However, when it comes to issues such as gun rights and also religious freedom this is where the American Left is also at their weakest (especially with gun rights). So every time that the American Left passes laws to ban said firearms and accessories they get struck down as unconstitutional later on.
Now in this case, if the American Right is going to fight Netflix over this stupid movie then they will lose. A lot has changed since
'Miller vs. California' and the United States is now no longer influenced by the 'Moralist Right' anymore, the influence of the 'Moralist Right' has severely eroded and what now remains of the 'Moralist Right' are the old geezers that are nearing their death beds now.
So as of now,
'Miller vs. California' still stands but that can change very soon if this issue were to ever go to the Federal Courts or even the Supreme Court and knowing the track record of the American Left they will win in the end and will result in content that was previously seen as 'unprotected speech' to then becoming 'protected speech' later on. I'm just being realistic with these sorts of things.
This is why you should pick your battles carefully because this will only backfire on the American Right if they're going to fight Netflix by legal means and they're going to suffer the greatest legal defeat since the Supreme Court ruled in favor of gay marriage then.
So let's see how this goes later on now.
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This guy is playing a satirical character, and everyone is falling for it, right? Nobody can be openly this sleazy, right? Right?
