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(6) Obscenity: In Miller v. California (413 U.S. 14 [1973]) the U.S. Supreme Court established a three-pronged test for obscenity prohibitions which would not violate the First Amendment:
(a) whether the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest; (b) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; and (c) whether the work, taken as a whole, lacks serious literary, artistic, political or scientific value.
Originally posted by Gazrok
reply to post by FREEwoman
There are recognized exceptions to Free Speech, in our laws. This seems to be the most applicable....
(6) Obscenity: In Miller v. California (413 U.S. 14 [1973]) the U.S. Supreme Court established a three-pronged test for obscenity prohibitions which would not violate the First Amendment:
(a) whether the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest; (b) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; and (c) whether the work, taken as a whole, lacks serious literary, artistic, political or scientific value.
I'd claim that you could easily argue all 3 prongs are applicable.edit on 21-12-2010 by Gazrok because: (no reason given)
Prurient - Inordinately interested in matters of sex; lascivious.
The common citizen has the final veto power over all legislation.
Regardless of what the law says.
Originally posted by Gazrok
a) I think most everyone agrees it is offensive.
b) It does describe illegal acts.
c) I think most everyone would agree it lacks any value.
Originally posted by OutlanderHuman24
What are we supposed to do, wait until the guy rapes some little kid then act?
Originally posted by Resurrectio
I now see why our world is doomed.. You people are basically saying, we as humans are too dumb to correct this problem, without destroying all of our rights.
Originally posted by TKDRL
I am sick of parents demanding that the world needs to enact laws that spit on everyone elses' rights, to protect their children.