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Unformatted text preview: To establish a standard of what is obscene, the Court uses a NATIONAL STANDARD to determine obscenity Miller v. California Established 3 prong test for obscenity that overruled the Massachusetts case Whether average person applying contemporary community standards (not national standards) would find the work, taken as a whole, appeals to the prurient interests Whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by STATE LAW Whether the work taken as a whole lacks serious literary, artistic, political or scientific value Ferber Case Child pornography There is a compelling governmental interest in protecting minors from these videos to limit speech in child pornography Child porn is intrinsically related to child abuse Illegal activity is an integral part of the production of child porn US vs. Stevens The statute was overbroad; would have a chilling effect on public discourse...
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- Spring '12
- Civil Rights, First Amendment to the United States Constitution, Obscenity, Jerry Falwell, Miller v. California, Hustler ad parody, hustler case