 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
 | Murray Dry - 2004 - 324 lapas
...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... | |
 | Stephen L. Newman - 2004 - 296 lapas
...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... | |
 | Eoghan Casey - 2004 - 710 lapas
...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... | |
 | Eoghan Casey - 2004 - 710 lapas
...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... | |
 | Henry H. Perritt - 2004 - 336 lapas
...regulating actual child pornography "Under Miller v. California. 413 US 15 l1973l, the Government must prove that the work, taken as a whole, appeals to the prurient interest, is patently offensive in light of community standards. and lacks serious literary, artistic, political,... | |
 | Stephen K. George - 2005 - 428 lapas
...reinforced, even as it amplified, the earlier decision: The basic guidelines for the trier of fact must be: (a) whether "the average person, applying contemporary...serious literary, artistic, political, or scientific value.2 While I knew that standards of rural communities were doubtless stricter than those of large... | |
 | Marc M. Harrold - 2005 - 159 lapas
...obscene will be determined by the application of the three-part test set forth in Miller v. California. a. whether the 'average person applying contemporary...serious literary, artistic, political, or scientific value. In (a) & (b), above, it is clear that the Court has carved out an exception to the First Amendment... | |
 | Subhasis Chaudhuri, Manjunath V. Joshi - 2005 - 306 lapas
...California statute. The Supreme Court provided the following "basic guidelines for the trier of fact": (a) whether ...the average person, applying contemporary...serious literary, artistic, political, or scientific value. If a state obscenity law is thus limited, First Amendment values are adequately protected by... | |
 | Florence Dore - 2005 - 202 lapas
...involved the most substantial redefinition. After Miller, obscenity would be defined by this test: (a) whether "the average person, applying contemporary...whether the work, taken as a whole, lacks serious artistic, political, or scientific value. (24) Chapter I 1. Robert Elias records this note from the... | |
 | Christopher P. Manfredi - 2004 - 276 lapas
...Court clarified its definition of obscenity and directed triers of fact to consider three factors:68 1 Whether the average person, applying contemporary...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... | |
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