Obscenity

Question 1

Obscenity general rule

Answer 1

expressions and depictions which are deemed obscene are UNPROTECTED by the first amendment.

Question 2

Obscenity standard of review

Answer 2

Obscenity has no essential part of any exposition of ideas, and has such slight social value as a step to the truth. Govt regulations are only subject to minimal review.

Question 3

Obscenity-Miller Test

Answer 3

1. Whether the average person applying contemporary community standards would find that the work taken as a whole appeals to the prurient interest. (Community standards refers to the local standards)
2. Whether it depicts or describes in a patently offensive way sexual conduct specifically defined by the applicable states law
3. AND, whether the work taken as whole lacks serious literally, artistic political or scientific value. (Use a NATIONAL standard to satisfy this requirements.)

Question 4

Privacy and Obscenity

Answer 4

A person’s privacy right does not protect the right to watch obscene movies in a place of public accommodation. Thus, a state has a legitimate interest in regulating obscene material and regulation exhibition of obscene material in places of public accommodation. Rule: The 1st and 14th amendment prohibits making mere private possession of obscene material a crime.

Question 5

Age and Obscenity

Answer 5

The definition of obscenity also may vary with the age of the audience. (the doctrine of variable obscenity) This doctrine provides the state with the power to control the conduct of children beyond the scope of its authority over adults.

Question 6

Near obscene

Answer 6

“near obscene” issues general related to regulations of material related to sex, but which are not obscene.