Extremely Important Obsenity Case MUST READ !!!

[sarettah]

Originally Posted by Red

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

It is obvious that 'obscenity' is not a term capable of exact legal definition; in the practice of the Courts, it means 'anything that shocks the magistrate.'
Bertrand Russell

"Censorship, like charity, should begin at home; but unlike charity, it should end there." Clare Booth LUCE

We are not afraid to entrust the American people with unpleasant facts, foreign ideas, alien philosophies, and competitive values. For a nation that is afraid to let its people judge the truth and falsehood in an open market is a nation that is afraid of its people.
John F. KENNEDY