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... Internet and the Law: Technology, Society, and Compromisesautors: Aaron Schwabach - 2006 - 395 lapasPriekšskatījums nav pieejams - Par šo grāmatu
| United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1976 - 1102 lapas
...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 lapas
...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 lapas
...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... | |
| Neal Devins, Louis Fisher - 2004 - 320 lapas
...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...specifically defined by the applicable state law; and (3) whether the work, taken as a whole, lacks "serious literary, artistic, political, or scientific... | |
| Donald P. Kommers, John E. Finn, Gary J. Jacobsohn - 2004 - 794 lapas
...literary, artistic, political, or scientific value. The basic guidelines for the trier of fact must be: (a) whether "the average person, applying contemporary...find that the work, taken as a whole, appeals to the pairient interest; (b) whether the work depicts or describes, in a patently offensive way, sexual conduct... | |
| Martha Craven Nussbaum - 2004 - 440 lapas
...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 lapas
... 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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