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" The basic guidelines for the trier of fact must be: (a) whether "the average person, applying contemporary community standards... "
Libraries, the First Amendment, and Cyberspace - Stran 6
avtor: Robert S. Peck - 2000 - 216 strani
Omejen predogled - O knjigi

United States Reports: Cases Adjudged in the Supreme Court at ..., Količina 431

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1976 - 1102 strani
...obscenity prosecution were set out in Miller v. California in the form of a three-part test: "(a) whether 'the average person, applying contemporary community...taken as a whole, appeals to the prurient interest . . . ; (b) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically...
Celotni ogled - O knjigi

Reform of the Federal Criminal Laws: Hearings, Ninety-second ..., Deli 11–12

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Criminal Laws and Procedures - 1971 - 1792 strani
...literary, artistic, political or scientific value. Works shall be conclusively deemed obscene If ; (a) tbe average person, applying contemporary community standards...taken as a whole appeals to the prurient Interest, and If (b) the work depicts or describes in a patently offensive way any of the following sexual conduct...
Celotni ogled - O knjigi

Criminal Justice Codification, Revision, and Reform Act of 1974 ..., Količina 1

United States. Congress. Senate. Committee on the Judiciary - 1974 - 688 strani
...to the guidelines to be used in determining whether particular material is obscene : 6S (a) whether the 'average person, applying contemporary community...taken as a whole, appeals to the prurient interest, (b) whether the work depicts or describes, in a patently offensive way. sexual conduct specifically...
Celotni ogled - O knjigi

United States Reports: Cases Adjudged in the Supreme Court at ..., Količina 413

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1975 - 954 strani
...intelligibly," but "I know it when I see it." * Today we would add a new three-pronged test: "(a) whether 'the average person, applying contemporary community standards' would find that the work, ,aken as a whole, appeals to the prurient interest, . . . (b) whether the work depicts or describes,...
Celotni ogled - O knjigi

Jahrbuch des Offentlichen Rechts der Gegenwart. Neue Folge

Gerhard Leibholz - 1976 - 718 strani
...applied by the states in determining whether obscene material is subject to regulation are (1) whether the average person, applying contemporary community...as a whole, appeals to the prurient interest, (2) whether the works depicts or describes »in a patently offensive way« (but the patently offensive...
Omejen predogled - O knjigi

Sexual Exploitation of Children: Hearings Before the Subcommittee on Crime ...

United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime - 1977 - 500 strani
...pornography, and thus beyond the protection of the First Amendment, if it meets the following test: (a) the average person, applying contemporary community...taken as a whole, appeals to the prurient interest; and (b) the work depicts or describes, in a patently offensive way, sexual conduct specifically defined...
Celotni ogled - O knjigi

Victimless Crime: A Selected Bibliography

Wendy Serbin Smith - 1977 - 104 strani
...California offered the following test of obscenity as a basic guideline for triers of fact: (A) whether the average person, applying contemporary community...taken as a whole, appeals to the prurient interest...; (B) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically...
Celotni ogled - O knjigi

Sexual Exploitation of Children: Hearings Before the Subcommittee on Select ...

United States. Congress. House. Committee on Education and Labor. Subcommittee on Select Education - 1977 - 484 strani
...Miller opinion cited three conditions that needed to prevail before a book could be ruled obscene: 1. The average person applying contemporary community standards would find that the work, as a whole, appeals to a prurient interest in sex. 2. The work depicts, in a patently offensive way,...
Celotni ogled - O knjigi

Obscenity and Indecency: Constitutional Principles and Federal Statutes

Henry Cohen - 2003 - 60 strani
...known as the Miller test, to determine whether a work is obscene. The Miller test asks: (a) whether the "average person applying contemporary community...taken as a whole, appeals to the prurient interest; (b) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically...
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Fundamental Liberties of a Free People: Religion, Speech, Press, Assembly

2002 - 484 strani
...Burger stated, in his opinion for the Court, that obscene material is not legally protected if "(a) the average person, applying contemporary community...taken as a whole, appeals to the prurient interest; and (b) the work depicts or describes, in a patently offensive way, sexual conduct specifically defined...
Omejen predogled - O knjigi




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