Legal question on locality, obscenity, etc.

[-NeoN-]

I'm wondering on the legality of running an adult site from my state (Pennsylvania). I am not in a major city so I am concerned with how much local laws would affect me. It is strange because a few sites that I have looked at say that viewing adult material in PA is only permitted in Pittsburgh and Philadelphia.

But, according to PA law (http://members.aol.com/StatutesP8/18PA5903.html)

obscene materials are determined as:"Obscene."
-Any material or performance, if:
the average person applying contemporary community standards would find that the subject matter taken as a whole appeals to the prurient interest;
-the subject matter depicts or describes in a patently offensive way, sexual conduct of a type described in this section;
-and
the subject matter, taken as a whole, lacks serious literary, artistic, political, educational or scientific value.

What is interesting is that PA law defines "community" as follows:

"Community."
For the purpose of applying the "contemporary community standards" in this section, community means the State.

SO... if community means the state, how can different laws apply to different areas of the same state?

I know this is all a gray area but any opinions or knowledge is appreciated.

[Dragon]

These two sites may help you out.
http://www.adultsitelaw.com/
http://www.adultinternetlaw.com/

[Rictor]

I would say you would be okay since most adult sites would be considered protected speech and not obscene.

[basschick]

-NeoN- talk to an attorney if you're concerned. do not just read stuff on a site. thewetlands.com is a very good example of just how little free speech we have in some communities. i believe they still have part of the story of how they were persecuted. they're not the only ones.

do not talk to just any old attorney. if you DO talk to an attorney, talk to one who specializes in adult internet. my friend spent $1000 talking to a lawyer who told him firmly that hardcore sex was illegal on the internet. most attorneys don't know much about the web, and many don't know much about the sex industry.