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Georgia that state laws making mere private possession of obscene material a crime are invalid, [58] at least in the absence of an intention to sell, expose, or circulate the material. Subsequently, however, the Supreme Court rejected the claim that under Stanley there is a constitutional right to provide obscene material for private use [ 59 ...
In the United States, distribution of "obscene, lewd, lascivious, or filthy" materials is a federal crime. [1] The determination of what is "obscene, lewd, lascivious, or filthy" is up to a jury in a trial, which must apply the Miller test; however, due to the prominence of pornography in most communities most pornographic materials are not considered "patently offensive" in the Miller test.
Pope v. Illinois, 481 U.S. 497 (1987), was a United States Supreme Court case decided in 1987. In this case, the Court held that the "value" prong, which is the third prong of the Miller test established in Supreme Court's 1973 case Miller v. California, must be assessed based on a "reasonable person" standard.
Stanley v. Georgia, 394 U.S. 557 (1969), was a landmark decision of the Supreme Court of the United States that helped to establish an implied "right to privacy" in U.S. law in the form of mere possession of obscene materials.
The classification of "obscene" and thus illegal for production and distribution has been judged on printed text-only stories starting with Dunlop v. U.S., 165 U.S. 486 (1897), which upheld a conviction for mailing and delivery of a newspaper called the Chicago Dispatch, containing "obscene, lewd, lascivious, and indecent materials", which was ...
United States v. Extreme Associates, 431 F.3d 150 (3rd Cir. 2005), is a 2005 U.S. law case revolving around issues of obscenity. Extreme Associates, a pornography company owned by Rob Zicari and his wife Lizzy Borden (also known as Janet Romano), was prosecuted by the federal government for alleged distribution of obscenity across state lines.
Kemp and Hamling were eventually sentenced to prison for "conspiracy to mail obscene material," but both served only the federal minimum. [10] [11] Hamling received a four-year regular adult sentence. [12] Earl Kemp received a sentence of three years and one day. [12] The report as published by Greenleaf was not found to be obscene. [13]
Due to the fact that United States obscenity law determines what is obscene in a court of law in reference to local standards and definitions exclusively on a state-by-state, case-by-case basis, the legality of drawn or fictitious pornography depicting minors is ultimately left in a 'gray area', much like other forms of alternative pornography ...