Table of Contents
What is one of the more famous cases on the issue of obscenity?
The Miller test remains the leading test for obscenity cases, but it continues to stir debate. In its 1987 decision in Pope v. Illinois (1987), the Court clarified that the “serious value” prong of the Miller test was not to be judged by contemporary community standards.
What was the first obscenity case on the Internet?
Thomas, U.S. legal case that was one of the first prosecutions involving the distribution of “obscene” material in cyberspace. The case was notable because it extended the concepts of “community” and “community standards” beyond physical location and into the Internet and virtual space.
What did the Supreme Court say about obscenity?
The Supreme Court decision in United States v. Reidel, 402 U.S. 351 (1971), affirmed that laws forbidding the distribution of obscene materials were constitutional despite the Court’s ruling in Stanley v. Georgia (1969), which held that persons had a right to possess obscene materials in the privacy of their own homes.
What was the first obscenity case?
Sharpless (1815) led to the first obscenity prosecution in the United States. This case took place before First Amendment rights were extended… Erznoznik v. City of Jacksonville (1975) held that under the First Amendment government may not censor expression simply because it offends some people…
What are examples of obscenity?
Obscenity is defined as anything that fits the criteria of the Miller test, which may include, for example, visual depictions, spoken words, or written text.
What are the 3 tests of obscenity?
The Miller test for obscenity includes the following criteria: (1) whether ‘the average person, applying contemporary community standards’ would find that the work, ‘taken as a whole,’ appeals to ‘prurient interest’ (2) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically …
Is obscenity a crime?
Obscenity is not protected under First Amendment rights to free speech, and violations of federal obscenity laws are criminal offenses. The U.S. courts use a three-pronged test, commonly referred to as the Miller test, to determine if given material is obscene.
What does the Pope decision mean for the obscenity case files?
In this edition of the Obscenity Case Files, we’ll take a look at the Pope Decision, which clarified who or what determines which works have serious literary, artistic, political, or scientific value.
What was the case of obscenity v Miller?
Obscenity Case Files: Pope v. Illinois Miller v. California set the standard for identifying obscene material that is not protected by the First Amendment. However, some portions of the standards set by Miller are clearer than others.
What does the jury decide in obscenity cases?
In other words, in any obscenity case, the jury is instructed to determine whether a reasonably prudent person could objectively consider the work to have value.