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Unformatted text preview: intended to protect every utterance or form of expression, such as materials that were "utterly without redeeming social importance." The Court held that the test to determine obscenity was "whether to the average person, applying contemporary community standards, the dominant theme of the material taken as a whole appeals to prurient interest." The Court held that such a definition of obscenity gave sufficient fair warning and satisfied the demands of Due Process. Brennan later reversed his position on this issue in Miller v. California (1973). IV. Reasons (by ___) a. Form of argument b. Legal doctrines V. Dissent reasons VI. Concurring reasons Notes When judging obscenity You have to judge the work as a whole On the test, use the term “non-obscene pornography”...
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- Spring '10
- First Amendment to the United States Constitution, federal obscenity statute, California obscenity law, mailing obscene circulars