Obscenity: Difference between revisions
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== U.S. Obscenity Law == | == U.S. Obscenity Law == | ||
The basic guidelines for the trier of fact must be: (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. | |||
== Cases == | == Cases == | ||
Reno v. American Civil Liberties Union 521 U.S. 844 (“ACLU I”) | |||
-1997 | -1997 | ||
-addressed obscenity in the field of new media | -addressed obscenity in the field of new media | ||
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Ashcroft v. Civil Liberties Union (00-1293) 535 U.S. 564 (2002) 217 F.3d 162 (“ACLU II”) | Ashcroft v. Civil Liberties Union (00-1293) 535 U.S. 564 (2002) 217 F.3d 162 (“ACLU II”) | ||
-upheld the Constitutionality of COPA and deemed its use of 'community standards’ to identify ‘material that is harmful to minors’ | -upheld the Constitutionality of COPA and deemed its use of 'community standards’ to identify ‘material that is harmful to minors’ acceptable practice under the first amendment | ||
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== References == | == References == | ||
http://www.dictionary.com/browse/obscenity | http://www.dictionary.com/browse/obscenity | ||
https://www.law.cornell.edu/wex/obscenity | |||
Latest revision as of 00:39, 5 March 2017
About
Obscenity means having the character or quality of being indecent or lewd.
U.S. Obscenity Law
The basic guidelines for the trier of fact must be: (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.
Cases
Reno v. American Civil Liberties Union 521 U.S. 844 (“ACLU I”) -1997 -addressed obscenity in the field of new media -challenged Communications Decency Act (CDA) -Congress passed the Child Online Protection Act (COPA)
Ashcroft v. Civil Liberties Union (00-1293) 535 U.S. 564 (2002) 217 F.3d 162 (“ACLU II”) -upheld the Constitutionality of COPA and deemed its use of 'community standards’ to identify ‘material that is harmful to minors’ acceptable practice under the first amendment
References
http://www.dictionary.com/browse/obscenity https://www.law.cornell.edu/wex/obscenity