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- From: kadie@cs.uiuc.edu (Carl M. Kadie)
- Newsgroups: news.sysadmin,news.admin,news.admin.policy
- Subject: Re: What is pornography, anyway?
- Message-ID: <BxMu36.IM9@cs.uiuc.edu>
- Date: 13 Nov 92 02:11:30 GMT
- References: <josh.721618381@mowgli>
- Organization: University of Illinois, Dept. of Comp. Sci., Urbana, IL
- Lines: 50
-
- josh@cqs.washington.edu (Josh Hayes) writes:
-
- >It's been driving me batty: I KNOW the supremes had a three-part
- >test for pornography, but I can only remember two parts of it:
- [...]
-
- ===== ftp eff.org:pub/academic/law/miller =======
- The Supreme Court's definition of obscenity (the so-called _Miller_
- test) is:
-
- 1) must appeal to the prurient interest
-
- 2) must describe sexual conduct in a way that is "patently offensive"
- to community standards
-
- and
-
- 3) when taken as a whole, it "must lack serious literary, artistic,
- political, or scientific value"
-
- Note that only "patently offensiveness" is decided by community
- standards.
-
- greeny@top.cis.syr.edu (Jonathan Greenfield) adds:
-
- [...]
- It should also be noted that local community's do NOT have total control
- over the definition of "patently offensive."
-
- In the 1974 case of Jenkins v. Georgia the SC unanimously overturned an
- Albany, Georgia's court decision that "Carnal Knowledge" (the highly-
- acclaimed Jack Nicholson film from 1971) was obscene, in a decision that
- "clarified" (modified) the 1973 decisions of Miller v. California and
- Paris Adult Theatre v. Slaton.
-
- In the court's opinion, Justice Rehnquist wrote, "it would be a serious
- misunderstanding of Miller to conclude that juries have unbridled discretion
- in determining what is 'patently offensive.'"
-
- The opinion further stated the court's expectation that appelate courts,
- would necessarily be needed to protect non-obscene material from local
- communities attempting to ban it as obscene.
-
- In a concurring decision, Brennan, Marshall, and Douglas (all of whom
- dissented in the Miller case), renewed their argument that the standard
- created by Miller ultimately left only the SC to make determinations of
- what was obscene, and as such was completely impractical.
-
- --
- Carl Kadie -- kadie@cs.uiuc.edu -- University of Illinois at Urbana-Champaign
-