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" 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 126
by Mary Minow, Tomas A. Lipinski - 2003 - 361 pages
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 431

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)];...
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Reform of the Federal Criminal Laws: Hearings, Ninety-second ..., Parts 11-12

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Criminal Laws and Procedures - 1971 - 1792 pages
...literary, artistic, political or scientific value. Works shall be conclusively deemed obscene If ; (a) tbe average person, applying contemporary community standards...taken as a whole appeals to the prurient Interest, and If (b) the work depicts or describes in a patently offensive way any of the following sexual conduct...
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Criminal Justice Codification, Revision, and Reform Act of 1974 ..., Volume 1

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...
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Federal Communications Commission Reports. V. 1-45, 1934/35-1962/64; 2d Ser ...

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...
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"Can you say that on TV?": an examination of the FCC's enforcement ..., Volume 4

United States. Congress. House. Committee on Energy and Commerce. Subcommittee on Telecommunications and the Internet - 2004 - 116 pages
...for children." 7 ' Eventually, the Court settled on the current three part test for obscenity: (1) whether the average person, applying contemporary...community standards would find that the work, taken as a wnole, appeals to the prurient interest, (2) whether the work depicts or describes, in a patently offensive...
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Hiding from Humanity: Disgust, Shame, and the Law

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...
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Making Policy, Making Law: An Interbranch Perspective

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...
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Civil Peace and the Quest for Truth: The First Amendment Freedoms in ...

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...
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Constitutional Politics in Canada and the United States

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...
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Digital Evidence and Computer Crime

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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