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Topic: Obscenity

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  Obscenity - Wikipedia, the free encyclopedia
Because the concept of obscenity is often ill-defined, it can be used as a political tool to try to restrict freedom of expression.
Obscenity law in England and Wales is currently governed by the Obscene Publications Act, but obscenity law goes back much further into the English common law.
In 2000 a jury in Provo, UT found Larry Peterman not guilty on obscenity charges, as the defense showed that residents of the town were disproportionately large consumers of the very materials Peterman was selling.
en.wikipedia.org /wiki/Obscenity   (1780 words)

 Wikipedia: Obscenity
The United States has constitutional protection for freedom of speech, which was not designed to protect every utterance, and the Supreme Court has ruled that this protection does not extend to obscenity as currently defined by the Miller test.
and 10 p.m.: language or material that, in context, depicts or describes, in terms patently offensive as measured by contemporary community standards for the broadcast medium, sexual or excretory organs or activities (indecency is not as bad as obscenity).
The etymology of obscenity and its parent adjective obscene, is not known, but is thought to have come from a primitive Latin word meaning "filth, foulness".
www.factbook.org /wikipedia/en/o/ob/obscenity.html   (597 words)

 ObscenityCrimes.org   (Site not responding. Last check: 2007-11-06)
California obscenity decision, the Court said that "no one will be subject to prosecution for the sale or exposure of obscene materials unless these materials depict or describe patently offensive 'hard core' sexual conduct specifically defined...
The obscenity definition provided by the Supreme Court is workable when applied by a judge or jury in a common sense fashion.
The Supreme Court has held that obscenity laws cannot be applied to the mere possession of obscene material by the individual in the privacy of his or her own home.
www.obscenitycrimes.org /cliches2.cfm   (1309 words)

 Legal Definition of Obscene, Obscenity
OBSCENE, OBSCENITY - Such indecency as is calculated to promote the violation of the law and the general corruption of morals.
So, obscenity is not a matter of individual taste and the question is not how the material impresses an individual juror; rather, as stated before, the test is how the average person of the community as a whole would view the material.
In addition to considering the average or normal person, the prurient appeal requirement may also be assessed in terms of the sexual interest of a clearly defined deviant sexual group if the material was intended to appeal to the prurient interest of such a group as, for example, homosexuals.
www.lectlaw.com /def2/o002.htm   (453 words)

 The First Amendment and Obscenity and Public Nudity
A wide variety of tests have been employed by individual justices to determine what is constitutionally proscribable obscenity, and for long periods of time, no single approach commanded the support of a majority of the Court.
The difficulty of defining obscenity was memorably summarized by Justice Stewart in a concurring opinion when he said: "I know it when I see it." Two presidential commissions have been formed to make recommendations on a national response to pornography.
But it is important to remember that obscenity issues can still involve non-visual material, as demonstrated by a Florida prosecutor's decision to (unsuccessfully) try the rap group Two Live Crew for violating Florida's obscenity statute by singing rap songs with graphic sexual lyrics.
www.law.umkc.edu /faculty/projects/ftrials/conlaw/obscenity.htm   (1327 words)

 obscenity. The Columbia Encyclopedia, Sixth Edition. 2001-05   (Site not responding. Last check: 2007-11-06)
The court ruled that material that appealed to prurient interest in sex and that did not have serious literary, artistic, political, or scientific value could be banned as obscene.
It ruled that a national definition of obscenity was not necessary and, therefore, that communities could develop local standards within the court’s guidelines.
The legal determination that material falls within a definition of obscenity is usually made by a jury.
www.bartleby.com /65/ob/obscenit.html   (203 words)

 FindLaw's Writ - Hilden: A Federal Judge Dismisses an Obscenity Prosecution on Privacy Grounds
The prosecution was brought under three federal obscenity statutes - one statute that prohibits mailing matter that is "obscene, lewd, lascivious, indecent, filthy or vile"; another statute that prohibits using the Internet to traffic in such material; and a third statute that prohibits conveying such material in interstate commerce.
Lawyers have long tried to attack obscenity law as a simple, straightforward First Amendment violation: These laws directly target speech, when the First Amendment plainly says that to do so, is forbidden.
Obscenity law is an embarrassment to constitutional law: It is perpetuated even by judges who as much as admit that its application is extremely subjective - and thus that potential violators lack notice as to when they may be overstepping.
writ.news.findlaw.com /hilden/20050131.html   (2178 words)

 Crosswalk.com - Obscenity Prosecution Featured in Congressional Resolution
A resolution stating, "It is the sense of Congress that the federal obscenity laws be vigorously enforced throughout the United States," has been introduced in the House of Representatives.
Section Chief Drew Oosterbaan has begun rebuilding the Child Exploitation and Obscenity Section, "which is beginning to emerge as an energized, trained and experienced staff of professional prosecutors in tune with the intricacies of the sex industry and its ever-evolving use of the Internet," Sekulow noted.
In large measure because of a lack of federal obscenity law enforcement, the Internet is now saturated with websites peddling hardcore pornography, resulting in untold numbers [of young and old] being lured into sexual addictions.
www.crosswalk.com /news/1147544.html   (1115 words)

 Twin Obscenity   (Site not responding. Last check: 2007-11-06)
Zhar, the Twin Obscenity, dwells in a dead city, buried under the Plateau of Sung in China.
Twin Obscenity’s debut album, Where Light Touches None, was released in the summer of ‘97 on the Norwegian label Head Not Found, and received very enthusiastic reviews in the press while spreading the band’s name quickly throughout Europe.
Working their way through numerous moods and image settings, Twin Obscenity’s power and whirlwind-like capabilities are matched equally with striking passages containing triumphant keyboards and angelic, melancholy acoustic overtones.
www.centurymedia.net /bands/twin_obscenity.htm   (345 words)

 Amazon.com: The Reinvention of Obscenity : Sex, Lies, and Tabloids in Early Modern France: Books: Joan DeJean   (Site not responding. Last check: 2007-11-06)
Exploring the complicity between censorship, print culture, and obscenity, DeJean argues that mass market printing and the first modern censorial machinery came into being at the very moment that obscenity was being reinvented--that is, transformed from a minor literary phenomenon into a threat to society.
Obscenity, DeJean argues, was reinvented when writers began to focus on two subjects previously unimagined: female genitalia and compulsory heterosexuality.
The trial of the poet Theophile de Viau in 1623 is a milestone both in the reinvention of obscenity and in the history of censorship.
www.amazon.com /exec/obidos/tg/detail/-/0226141411?v=glance   (809 words)

 alanesq: Obscenity Charges Dismissed!
The decision found the obscenity laws unconstitutional as it applied to this case, which means the laws are still technically valid on their face.
We find that the federal obscenity statutes burden an individual's fundamental right to possess, read, observe, and think about what he chooses in the privacy of his own home by completely banning the distribution of obscene materials.
The federal obscenity statutes fail the strict scrutiny test because they are not narrowly drawn to advance the asserted governmental interests of protecting minors and unwitting adults from exposure to obscene materials, as applied to these defendants and the facts of this case.
alanesq.livejournal.com /47050.html   (909 words)

 FindLaw: Legal Subjects: Constitutional Law: Supreme Court Obscenity Cases
, 354 U.S. 476 (1957) (Obscenity is not within the area of constitutionally protected freedom of speech or press - either (1) under the First Amendment, as to the Federal Government, or (2) under the Due Process Clause of the Fourteenth Amendment, as to the States.
The standard for judging obscenity, adequate to withstand the charge of constitutional infirmity, is whether, to the average person, applying contemporary community standards, the dominant theme of the material, taken as a whole, appeals to prurient interest).
Wisconsin, 408 U.S. 229 (1972) (Petitioner was convicted under an obscenity statute for publishing in his underground newspaper pictures of nudes and a sex poem.
www.findlaw.com /01topics/06constitutional/cases.html   (1810 words)

 FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
In lieu of the obscenity criteria enunciated by the Memoirs plurality, it is held:
A work may be subject to state regulation where that work, taken as a whole, appeals to the prurient interest in sex; portrays, in a patently offensive way, sexual conduct specifically defined by the applicable state law; and, taken as a whole, does not have serious literary, artistic, political, or scientific value.
JUSTICE BRENNAN review the background of the obscenity problem, but since the Court now undertakes to formulate standards more concrete than those in the past, it is useful for us to focus on two of the landmark cases in the somewhat tortured history of the Court's obscenity decisions.
caselaw.lp.findlaw.com /scripts/getcase.pl?court=us&vol=413&invol=15   (8912 words)

 Obscenity biography @ Tartareandesire.com   (Site not responding. Last check: 2007-11-06)
OBSCENITY keeps going their own way and remain true to their roots and principals.
Where other bands retire OBSCENITY keeps going on with their absolut intersity and uncompromissing brutaity what the international competition had to experience for themselves in many concerts.
OBSCENITY are undoubtly on of the most promising and hopefullst and technical pretentiouses Death-Metal bands on this planet.
www.tartareandesire.com /bands/obscenity.html   (467 words)

 Obscenity   (Site not responding. Last check: 2007-11-06)
"Obscenity" is that subset of pornography--sexually explicit speech--which is, according to Miller v.
Obscenity is not considered to be "speech" and therefore not entitled to First Amendment protection.
Non-obscene pornography, however, is speech and therefore is protected, though if it is indecent speech in a broadcast medium it will still be subject to the form of regulation known as channeling.
www.spectacle.org /freespch/musm/obsne.html   (215 words)

obscenity, in law, anything that tends to corrupt public morals by its indecency.
Lawyers, organized interests, and the law of obscenity: agenda setting in the Supreme Court.
Avoiding slim reasoning and shady results: a proposal for indecency and obscenity regulation in radio and broadcast television.
www.infoplease.com /ce6/society/A0836300.html   (337 words)

 Movie Day at the Supreme Court or "I Know It When I See It": A History of the Definition of Obscenity
This quote, and the intent behind it, is well known as summarizing the irony and difficulty in trying to define obscenity.
It is surprising that the difficulty in defining obscenity in our history did not fully begin until the mid-1900s.
Thus, the Court tried to clarify this standard by adding another requirement for obscenity in later opinions – that the material goes "substantially beyond customary limits of candor in description or representation." The Court also clarified that the "community" referred to in the definition was as the national, not local, community.
library.findlaw.com /2003/May/15/132747.html   (1690 words)

 Obscenity - Legal Information For Adult Website Webmasters
Federal obscenity statutes are found in 18 U.S.C., and each state has its own obscenity statutes.
The current definition of obscenity requires the application of a three-part test enunciated by the Court in Miller v.
What is considered "art" versus "obscenity" varies in different jurisdictions, based on the prevailing "contemporary community standards." Juries in obscenity prosecutions are asked to guess what most people in their community would think about the content in question.
www.adultweblaw.com /laws/obscene.htm   (1372 words)

 Law.com - U.S. Attorney's Porn Fight Gets Bad Reviews
He reportedly has prosecuted more than 100 state and federal obscenity cases and is the prosecutor who went after Hustler publisher Larry Flynt in the early 1980s.
Sources say Acosta was told by the FBI officials during last month's meeting that obscenity prosecution would have to be handled by the crimes against children unit.
Fort Lauderdale attorney Bruce Rogow successfully defended 2 Live Crew, the racy rap group that was charged with obscenity by former Broward Sheriff Nick Navarro in the 1990s.
www.law.com /jsp/article.jsp?id=1125318960389   (1204 words)

Miller did have the redeeming virtue at least of making clear that obscenity laws cannot be used to prosecute anything other than "hardcore pornography." What that means, of course, somewhat difficult to say, but the Court specified that works with "serious literary, artistic, political or scientific value could not be obscene.
Not coincidentally, all this occurred just as the city was about go to trial in federal court last summer to defend an anti-gay rights referendum that the voters had passed in 1993, voiding that portion of the city's human rights ordinance that barred discrimination based on sexual orientation.
California test, and that because of the severe chilling effect of simply being prosecuted for obscenity, even if ultimately acquitted, the court had a constitutional obligation to dismiss the spurious charges without subjecting the defendants to the ordeal of a trial.
www.theroc.org /roc-mag/textarch/roc-19/roc19-05.htm   (1012 words)

 Obscenity Does Not Exist   (Site not responding. Last check: 2007-11-06)
Pornography is speech protected by the First Amendment unless it falls afoul of the definition of "obscenity." Pornography is pretty commonly understood to be a category, like "art" itself, based on subjective human reactions and therefore not subject to any precise definition.
Therefore, obscenity is defined as a subset of something which cannot itself be defined.
Obscenity law means that someone--the speaker of the illicit speech--can go to prison for the listener's reaction or even over-reaction, largely divorced from any actual intention of the speech itself.
www.spectacle.org /296/obscene.html   (1228 words)

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