Child Protection and Obscenity Enforcement Act of 1988: Hearings Before the Subcommittee on Crime of the Committee on the Judiciary, House of Representatives, One Hundredth Congress, Second Session, on H.R. 1213, H.R. 1438, H.R. 2605, H.R. 3889, and H.R. 4257 ... April 28, June 16, and August 11, 1988, 4. sējumsU.S. Government Printing Office, 1989 - 747 lappuses |
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abuse adult Amendment American Attorney General's Commission bill BRUCE RITTER cable cable television Chairman child pornography Child Protection Church civil forfeiture Commission on Pornography committee concern Congress constitutional constitutionally criminal customs laws distribution effect evidence exploitation federal films foreign commerce forfeited forfeiture provisions harm HUGHES illegal indecent interstate or foreign involved issue legally obscene legislation magazines matter MCCOLLUM minor models obscene material Obscenity Enforcement Act obscenity laws offense penalties performers person Postal Service problem produced prohibit prosecution prostitution Protection and Obscenity rape rebuttable presumption regulation Roush seizure sexual violence sexually explicit conduct sexually explicit materials sexually oriented SEXUALLY ORIENTED ADVERTISEMENTS sexually transmitted diseases speech statement statute Subcommittee on Crime subsection supra note Supreme Court television testimony title 18 U.S. Attorneys United United States attorney United States Code victims violation visual depiction William Margold women
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171. lappuse - IS OBSCENE IF -THE AVERAGE PERSON, APPLYING CONTEMPORARY COMMUNITY STANDARDS" WOULD FIND THAT THE WORK, TAKEN AS A WHOLE, APPEALS TO THE PRURIENT INTEREST; IF THE WORK DEPICTS OR DESCRIBES, IN A PATENTLY OFFENSIVE WAY, SEXUAL CONDUCT SPECIFICALLY DEFINED BY THE APPLICABLE STATE LAW; AND IF THE WORK, TAKEN AS A WHOLE, LACKS SERIOUS LITERARY,
604. lappuse - of claims, shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under this section, insofar as applicable and not inconsistent with the provisions of this section, except that such duties as are imposed upon the customs officer or any other person with respect to the seizure and forfeiture of property under the
351. lappuse - [u]nder the First Amendment there is no such thing as a false idea. However pernicious an opinion may seem, we depend for its correction not on the conscience of judges and juries but on the competition of other ideas." Gertz v. Robert Welch, Inc., 418 US 323, 339-40 (1974).
604. lappuse - APPLICABLE.—All provisions of the customs laws relating to the seizure, summary and judicial forfeiture, and condemnation of property for violation of the customs laws, the disposition of such property or the proceeds from the sale thereof, the remission or mitigation of such forfeitures, and the
5. lappuse - Brennan. writing for the Court's majority, wrote: The protection given speech and press was fashioned to assume unfettered Interchange of Ideas for the bringing about of political and social changes desired by the people ••• expressions found In
605. lappuse - (1) retain the property for official use or transfer the custody or ownership of any forfeited property to a Federal, State, or local agency pursuant to section 1616 of title 19; "(2) sell any forfeited property which is not required to be destroyed by law and which is not
436. lappuse - form of speech is obscene and thus outside the protection of the First Amendment. (1) (W)hether 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 or describes, in a patently offensive way, sexual conduct specifically defined by state law; and (3) whether the work, taken as a whole, lacks serious literary,
624. lappuse - obligations. This phrase means actual— (A) sexual Intercourse, Including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; (B) bestiality; (C) masturbation; (D) sadistic or masochistic abuse; or (E) lascivious exhibition of the genitals or pubic area of any person. This provision eliminates the need to keep records
604. lappuse - or other persons as may be authorized or designated for that purpose by the Attorney General or the Postal Service, except to the extent that such duties arise from seizures and forfeitures effected by any customs officer. "(e)
161. lappuse - Speech communicated through the mail is also a pervasive presence in the lives of all Americans. Patently offensive, indecent material presented through the mail confronts the citizen in the privacy of the citizen's home where the individual's right to be left alone plainly outweighs the First Amendment rights of an Intruder. FCC, v. Pacifica Foundation, 438