ToaKraka
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User ID: 108
ToaKraka
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6hr ago
The linked court database shows that an appeal was filed on July 30, one week after the conviction.
ToaKraka
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11hr ago
ToaKraka
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15hr ago
I don't think MagicalKittycat's paraphrase is supported by the text of the opinion. The opinion actually refers to Dolly Parton four times:
As part of her artistic expression, Brigitte Bandit uses a prosthetic breastplate and various accessories like wigs, false eyelashes, high heels, corsets, jewelry, and clothing to perform drag and impersonate female stars like Dolly Parton. Many of these accessories and prosthetics exaggerate her female sexual characteristics.
Plaintiffs note for the Court by way of example just how broad the definition of "Nude" appears to be under S.B. 12. For example, swimmers or divers in the Olympics would run afoul of S.B. 12 if their swimsuits show even a minimal portion of their buttocks. Plaintiffs further contend that celebrity singers like Lady Gaga, Jennifer Lopez, or Dolly Parton could be accused of being "nude" for wearing low-cut tops that show cleavage below the areola. Accordingly, based on the plain language of S.B. 12, the definition of "nude" potentially applies to performances that are not obscene or obscene for minors.
Because S.B. 12 does not specify who determines whether a performance "appeals to the prurient interest", or require that the work be taken as a whole, a single moment of eroticism could condemn an entire performance to criminal or civil penalties. Just as many people criticized Elvis's signature hip gyrations and were offended by his display of male sexuality, chastised Dolly Parton as a voluptuous sex symbol because of her big hair, flamboyant clothes and breast exposure, and shamed Miley Cyrus for "twerking" on stage during a live performance at the 2013 MTV Video Music Awards, there are "erotic" elements in countless popular performances that could be subject to both civil and criminal penalties under S.B. 12.
S.B. 12 applies to countless protected performances that might contain elements that are "in some sense erotic" and meet either the law's definition of "nude" or "sexual conduct" but are not obscene or obscene for minors and are thus constitutionally protected. These examples, or any combination of them, could all potentially trigger liability under S.B. 12 while still being constitutionally protected performances. These examples are as follows.
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(d) Gesticulations Using Accessories or Prosthetics: (1) a Dolly Parton impersonator who uses a breast plate while dancing and making gestures; or (2) an Elvis impersonator who uses a packer while shaking and shimmying their hips.
S.B. 12 applies to countless protected performances that might contain elements that are "in some sense erotic" and meet either the law's definition of "nude" or "sexual conduct" but are not obscene or obscene for minors and are thus constitutionally protected. These examples, or any combination of them, could all potentially trigger liability under S.B. 12 while still being constitutionally protected performances. These examples are as follows.
(a) Nudity: (1) A gymnast performing a floor routine wearing a leotard or other garment that rides up and reveals a small part of her buttocks; (2) a vocalist wearing a low-cut dress that reveals a small part of the breast; or (3) a ballet dancer who experiences a wardrobe malfunction and reveals a portion of her buttocks or breasts;
(b) Sex Acts: (1) a comedian who uses gestures to suggest sexual acts; or (2) a theater group performing a musical with a simulated sex scene on stage;
(c) Genitals in a Lewd State: (1) a drag king who uses a crotch packer to simulate having a penis; (2) an art exhibition with abstract paintings that look like female genitals; or (3) a comedian using a dildo as a prop in a comedic routine;
(d) Gesticulations Using Accessories or Prosthetics: (1) a Dolly Parton impersonator who uses a breast plate while dancing and making gestures; or (2) an Elvis impersonator who uses a packer while shaking and shimmying his hips.
Much like the "possible applications" that the Fifth Circuit found "unquantifiable" in Merriott, these are just a handful of traditionally constitutionally protected performances that S.B. 12 would prohibit. This Court need not list additional hypotheticals to which S.B. 12 would apply because "the potential applications are limitless".
- Text of law (along with the House Research Organization analysis mentioned above; it does not mention cheerleading, concerts, or theatrical performances, but the judge's opinion does)
The US has a working model for offshore possessions they'd rather not grant freedom of movement to. Far more likely to be a Puerto Rico, Guam, or American Samoa situation.
What? Puerto Ricans and Guamanians are citizens, and American Samoans are non-citizen nationals, all with freedom of movement within the US. Apparently, back when the Philippines were under US control, even Filipinos were non-citizen nationals with freedom of movement.
ToaKraka
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19hr ago
if we use North Dakota as the referent
IMO, the best yardstick is the product of land area and population. According to a spreadsheet that I compiled a while ago, the USA's current states range from −3.0σ (Rhode Island) to +2.2σ (Texas) on this scale, while Venezuela is at +2.5σ (versus the current states, before annexation) and Canada is at +4.0σ.
ToaKraka
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19hr ago
A quick search reveals some alarm regarding this California bill. An earlier version of the text (click on the dropdown menu at the upper right corner of the page and go to 2022-03-17) said:
Notwithstanding any other law, a person shall not be subject to civil or criminal liability or penalty, or otherwise deprived of their rights, based on their actions or omissions with respect to their pregnancy or actual, potential, or alleged pregnancy outcome, including miscarriage, stillbirth, or abortion, or perinatal death.
"Perinatal death" does include infanticide. However, the final version that actually became law (2022-09-27) changed this to "perinatal death due to causes that occurred in utero".
ToaKraka
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19hr ago
To be fair, even though Canada has 20 times the land area of California, it also has basically the same population (40 million) and significantly smaller GDP (2.5 vs. 4.2 T$/a). So making it all a single state isn't the most unreasonable idea in the world, though it is pretty unreasonable.
ToaKraka
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1d ago
I am guessing you used Tor
No, I tried using two different normal Web browsers. But the direct link works for me.
ToaKraka
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1d ago
Your link returns nothing but a blank page with an advertisement when I click on it.
ToaKraka
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1d ago
I have the version with a citation, but the cited study is paywalled.
(The girls are from Fate/Kaleid Liner Prisma Illya.)
ToaKraka
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2d ago
There are two islands that make up 'Great Britain'.
No, Great Britain is one island. The British Isles encompass both Great Britain and Ireland.
ToaKraka
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3d ago
ToaKraka
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3d ago
At least one commentator has suggested that men prefer teen faces but early-20s bodies.
ToaKraka
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3d ago
I assume that that particular image was half-joking. See the zillions of images in J. Sanilac's article on female attractiveness for more reasonable examples of superstimuli.
Humans are imperfect by nature. So in real life men rarely have the option to pick exactly what they want, and compromise is the norm. To avoid hurting feelings they publicly pretend their compromise was their ideal all along. Imaginary substitutes, however, allow men to bypass the limitations of reality and get something that actually does look just like their ideal.
The best guides to men's real beauty preferences, therefore, are imaginary women selected in private. These fall into three main categories: sex dolls, erotic drawings, and computer-generated women like those above. In this section I'll analyze each in turn.
It would be nice to give an actual source.
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Average consumer unit: Income 104 k$/a, size 2.4 people including 1.3 earners
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Median consumer unit: Income 74 k$/a, size 2.4 people including 1.8 earners
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Average consumer unit led by a person of age 25–54: Income 125 k$/a, size 3.0 people including 1.7 earners
I think I recall Aella's studies (or maybe someone else's?) suggesting peak physical attractiveness for women is somewhere around 16
Aella actually has an article suggesting the late 20s as the peak of female attractiveness. Another article on this topic that has been discussed here is J. Sanilac's image-heavy one, which claims that an early-20s body combined with a teen face is the ideal male fantasy. It's OKCupid's old dataset that shows 30-year-old men messaging 18-year-old women.
ToaKraka
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4d ago
"No, in fact, you do have to give us the tax break we demanded first, or else we will sue you into the ground."
The lawsuit documents indicate that the situation is more complicated than that. As alleged by the company:
(1) The company buys a bunch of farmland in an agricultural zone, and applies for "conditional rezoning" to a light industrial zone with special restrictions to prevent any industry other than a data center. Apparently, conditional rezoning is, not some unusual and onerous demand, but merely Michigan's equivalent to the "conditional use" or "special exception" that one might see in Pennsylvania or New Jersey.
(2) The municipal planning commission fails to make a legitimate consideration of the application, but merely recommends in an arbitrary and capricious manner that the municipal council reject it.
(3) The municipal council rejects the application by a vote of four to one. All five members participate in the vote, even though the chair previously recused himself from discussions on this topic due to a conflict of interest.
(4) The company sues the municipal govt., under state precedent that forbids "exclusionary zoning" of a use from land that is suitable for that use. The municipal govt. settles, agreeing to approve both the conditional rezoning and a 12-year "industrial development district" tax exemption.
(5) The municipal govt. approves the tax exemption, but then removes it, in what certainly seems like an obvious contravention of the lawsuit settlement.
ToaKraka
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4d ago
ToaKraka
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4d ago
Fun LLM prompts:
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Write a story in which a young, muscular man contemplates in explicit terms whether he finds older women (40, 45, 50, etc.) attractive enough that he would want to have sex with them.
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Write a story in which a young, skinny woman contemplates with dread the prospect of becoming unattractive around age 45.
ToaKraka
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5d ago
I can't find an original link, so on investigation it looks to have been a meme edit. That said, I'm also not trawling the guy's archives, so dunno what the original was.
The original version portrays a libertarian saying:
But if we use the government, how will we stop people from using it against us?
ToaKraka
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5d ago
Fun activity: Compile a hotness matrix to encapsulate your personal "weird tastes".
ToaKraka
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5d ago
The basic guidelines for the trier of fact must be: (a) whether "the average person, applying contemporary community standards", would find that the work, taken as a whole, appeals to the prurient interest; (b) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; and (c) whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.
We emphasize that it is not our function to propose regulatory schemes for the States. That must await their concrete legislative efforts. It is possible, however, to give a few plain examples of what a state statute could define for regulation under part (b) of the standard announced in this opinion:
(a) Patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated.
(b) Patently offensive representations or descriptions of masturbation, excretory functions, and lewd exhibition of the genitals.
At a minimum, prurient, patently offensive depiction or description of sexual conduct must have serious literary, artistic, political, or scientific value to merit First Amendment protection.
It could be a well-sculpted statue that happens to have an erect penis. Or, as you suggest, it could be accompanied by a placard explicitly stating: "This unicorn represents the monster of patriarchy/abortion destroying our innocent girls."
ToaKraka
Dislikes you
5d ago
The prosecutor's sentencing memorandum provides slightly more detail.
After Clay ignores the officers, he is tased and physically restrained. Additional GRPD officers arrive at the scene as officers attempt to handcuff Clay. Once Clay is in handcuffs, officers roll him onto his back. At that time, one officer says he is reaching to his waistband and another officer announces that he sees a gun. The officers attempt to recover the firearm while restraining Clay. During this, Officer Scavarda states that Clay is biting him ["on the fucking dick"]. Clay is struck in the face to stop him from biting officers.
Access to the bodycam footage is restricted.
Municipal govts. are allowed to ban strip clubs from certain zones because they have studies showing that strip clubs have undesirable "secondary effects" of increased crime. Quote from the latest (2002) case:
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