Sept 23 Slides (4) - Obscenity& Indecency I Avoiding...

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Unformatted text preview: Obscenity & Indecency I Avoiding vagueness and overbreadth is a constant problem In attempts to prescribe obscenity and indecency I ni IThe Court has defined as a special classification of sexually explicit material considered so offensive that It warrants no First Amendment protection Obscenity & Indecency I Problems with Miller Test I Many cases before the Court to further clarify the elements I Wouldn't any such a state law (that specifically defines...) be obscene by definition? I Because community standards are used, enforcement is often arbitrary and capricious I Questions abound as to II: constitutional validity Obscenity & Indecency I While predicting what is obscene is difficult, predicting what is indecent is virtually impossible!! I indecency covered further in Ch. 5 9/23/2010 Obscenity & Indecency I Current standard of defining obscenity came out of a 1973 case (now modified) I Miller Tfi (see Ex. 4.5, p. 102 In text) IAWW Immnufltym Imuim IAppeaisinpniflentinbetests Immmmmmm oflensivewly Immumwmm INId,noan!sticvaiue.poll:lcaivalueor scieniilcvaiue Obscenity & Indecency I Only clear area of obscenity with no opposition is child pornography I Definition Is material showing children engaged in sexual conduct I Enforced even in private homes I Lately, law extended to include computer-generated virtual Images ...
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