10-09-2005
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#23
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Dreaming of a Cowboy Hat like Max Hardcore
Join Date: Feb 2004
Posts: 1,812
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Re: Extremely Important Obsenity Case MUST READ !!!
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Originally Posted by sarettah
There is nothing that is so bad, so dangerous, so patently offensive,
that it cannot be talked about.

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that depends on the way you talk about it. Remember, only non-obscene material is protected under the first amendment. Obscenity is determined by the "miller test"
"(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."
Erotic writing is usually defended under item c
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