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... The Library's Legal Answer Book - Page 126by Mary Minow, Tomas A. Lipinski - 2003 - 361 pagesLimited preview - About this book
| United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1976 - 1102 pages
...trier of fact must be: (a) whether 'the average person, applying contemporary 767 Opinion of the Court community standards' would find that the work, taken as a whole, appeals to the prurient interest, Kois v. Wisconsin, [408 US 229,] 230 [(1972)], quoting Roth v. United States, [354 US 476,] 489 [(1957)];... | |
| United States. Congress. Senate. Committee on the Judiciary - 1974 - 688 pages
...statement as to the guidelines to be used in determining whether particular material is obscene : 6S (a) whether the 'average person, applying contemporary...serious literary, artistic, political, or scientific value (citations omitted). The Court noted that this would allow punishment only for the sale or exposure... | |
| United States. Federal Communications Commission - 1975 - 1208 pages
...SOO-foot Reels ol Film, 1:! Cr. L. Rep. 3197 (1973). Under the new standards, for example, one test la whether the work, taken as a whole, lacks "serious literary, artistic, political, or scientific value." Miller, supra, 13 Cr. L. Rep. at 3164. This appears to be considerably narrower than the former... | |
| Martha Craven Nussbaum - 2004 - 440 pages
...state regulation "where that work, taken as a whole, appeals to the prurient interest in sex; portrays, in a patently offensive way, sexual conduct specifically defined by the applicable state law; and, taken as a whole, does not have serious literary, artistic, political or scientific value."17 This... | |
| Mark C. Miller, Jeb Barnes - 2004 - 260 pages
...— guidelines. Jurors are supposed to decide (1) whether the average person, applying contemporary standards, would find that the work, taken as a whole, appeals to the prurient interest; (2) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically... | |
| Murray Dry - 2004 - 324 pages
...had to be specifically defined by an applicable state statute, and the third part of the test asked "whether the work, taken as a whole, lacks serious literary, artistic, political or scientific value."100 The Supreme Court divided 5 to 4 in Miller and its companion case.101 Justice Brennan, who... | |
| Stephen L. Newman - 2004 - 296 pages
...obscenity is "utterly without redeeming social importance," what the prosecution has to show is that "the work, taken as a whole, lacks serious literary, artistic, political or scientific value." 10 Miller not only restates Roth, but also softens the test for obscenity by bringing more... | |
| Eoghan Casey, Eoghan Casey, BS, MA - 2004 - 710 pages
...v. California, is as follows: 1 Would the average person, applying contemporary community standards, find that the work, taken as a whole, appeals to the prurient interest? 2 Does the work depict or describe, in a patently offensive way, sexual conduct specifically defined... | |
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