Appealing the Unappealing..Guts and Gorey

Got to hand it to Donald Smith.. he's got balls and, obviously, deep pockets to pay for sleazy lawyers to take on his case.

Donny was busted and convicted for producing obscene material for his Website.. He makes webfilms for ' club members '.. such well known features as " Skinny Dipping ", " Deadly Game " and " Scorpion ".. in which scantily clad and naked women are stabbed, shot and otherwise violated..One flick portrayed the ladies being blown away in glorious slow motion by snipers, their flesh and blood spraying out in the finest of cinematic tradition..

One scene included the young lassies being ' introduced ' to weapons at extremely close range [ not to be too graphic for the squeamish - i.e. inserted ]..

Long story short.. he was convicted..

well.. he's back in court on appeal.. his mouthpieces claiming that, while the depiction of violence may be graphic and offputting to some, it was well within the artistic licence given freedom of expression and he was a 'respected' filmmaker among the ' afficionados' of the ' genre '..
The films couldn't be ' obscene' as no sexual acts take place.. No penetration, ejaculation, etc. etc.. in fact there is no depiction of any sex act whatsoever..the mere fact that some of the ' performers' are nude, perhaps gratuitously, in no way makes the film..obscene under the law...

Prosecutor argued that the films are full of ' innuedno-laced dialogue, suggestive poses and ' penetration', indeed, of another kind [ weapons used as phallic symbols/proxies ] besides the films have minimal plot

"sexual sadists watching these films would have their perversions psychologically validated..and women, children and men who saw this material were at risk of having their attitudes towards others in Canadian society affected. " according to the Crown [ not that it may be relevant..but a woman in this case ]..

no comment made on how or why women and children would be watching, or that anyone not paying the $50.00 ' club fee' to log on.. would see this stuff..

further argument pro and con were : The law states that material depicting sex acts combined with violence are obscene..if it depicts nudity or sexual activity in a graphic and unambiguous way.

courts must assess obscenity in consideration of what a ' standard ' community would tolerate, bearing in mind the possible harm that could result from the disemination of such material..balanced by artistic merit..

defence argued that Kill Bill and Natural Born Killers, among mainstream productions, are equally as graphic and explicit but considered ' art '..[ though a previous court had ruled that a film depicting a prison warden forcing female inmates to spank one another was obscene - think I saw that one-- Sandahl Bergman and Diane Cannon wasn't it? ]

Donny had 2000 subscribers paying $ 50.00 per crack for exclusive viewing rights to his cinematic expressions.. ..

Court decision is pending...while the judge reviews the evidence and arguments...
.. and while the judge reviews the evidence.

Then he reviews the evidence, before reviewing the evidence. That's $150 saved on membership fees already.
If it's a Canadian case, he'll get off, as freedom of expression, and if he has signed consent forms from the women.

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