1) Whether the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest,
2) Whether the work depicts/describes, in a patently offensive way, sexual conduct or excretory functions specifically defined by applicable state law,
3) Whether the work, taken as a whole, lacks serious literary, artistic, political or scientific value.
Kodomo no Jikan and Strike Witches around the house, or you've gotten your hands on the new Chu-Bra!! anime there may be every reason to fear a visit from the cops.
As we all know, existing child pornography laws are easily understood and clearly exist to protect the safety and well-being of our children. Now, while no children are exploited in the production of hardcore lolicon manga I feel the situation is more complicated than just immediate harm to children who are used in such a way. I apologize if this comes off sounding condescending, but people often forget that all things operate on complex systems. Good and evil, black and white, toast and jam are all just far too simplistic ways to meaningfully view the world. My point here is that in the short term, while no children were victimized to make these titles, lolicon porn manga still promotes the practice of pedophilia and it's not an immense leap to see how these titles can set the gears in motion leading to the real molestation of children.
Critics of the Handley ruling have been quick to point out how this could lead to the illustrated depiction of any illegal activity, such as drug use, being banned. I find that assertion to be as absurd as comparing apples to oranges though, as drug use is a personal decision and more or less victimless crime whereas raping an adolescent is most certainly, well, do I even have to explain? Also, something I've noticed about Handley supporters from within the comics and anime/manga industry here in American has been their tendency to be childless (except for Neil Gaiman, who has three kids). I've spoken to a few parents and soon-to-be parents about the case and their feelings on the matter are solidly in support of the prosecution, not based on legal precedent or artistic freedom, but merely because they're concerned for the safety of their children. I myself am not a parent but can imagine how having kids can change pretty much everything.
What's your opinion: where should the line be drawn in anime and manga on what is and isn't obscene? Also, I'd like to hear from any parents out there in the AV community about what they think of the Handley case. We've all had a week to digest this decision, let's get some conversation going.