I think "community standards" is either vague or mutable. "Marketplace standards" I get, and think they're extremely applicable in scenarios like this. Those standards are measured by the dollar. Even then, you don't know how many sales you lost vs. how many you never had to begin with, etc.
Community standards can be the standards of the majority, but they can quite as easily become inextricable from the standards of the loudest, and that's not something I think is a good rule to be guided by.
Community standards can be the standards of the majority, but they can quite as easily become inextricable from the standards of the loudest, and that's not something I think is a good rule to be guided by.
I certainly agree with that.
Can a community ever be wrong?
Well, there's the notorious example of the German judge agreeing that an Afghani immigrant has the right to beat his wife because that's the norm in his community. There's not a single example of rightness there.
all expression still has to pass the community standards test
I'm not cool with the concept of community standards, either.
Free expression as important to me and GC as it is to you
I'm not saying you're fascists or judging your character or anything. I'm aware that I'm an extremist on this. But since I'm saying "freedom of expression trumps other concerns" and you're disagreeing, I have to think it is more important to me, at least in this instance.
Businesses are not people. A business has no "right" of free speech whatsoever.
No? That's why there was such a fuss over campaign finance reform. Google "corporate personhood." This isn't a bad place to start:
[link]
But regardless... does that mean that the billboard be perfectly fine if an individual person had put it up, and it's only objectionable because of who paid for it?
...as do most of the commenters, who seem to take the "Mel had every right to make the movie he wanted, and nobody has any right to criticize hiim" line.
I'm not sure what it says about my mind that my first thought on seeing that link was "Mel Brooks? What did he do that makes people want him to go away?"
"Mel Brooks? What did he do that makes people want him to go away?"
DRACULA: DEAD AND LOVING IT?
I really liked Dracula: Dead and Loving It!