Search results
Results from the WOW.Com Content Network
The work is considered obscene only if all three conditions are satisfied. [citation needed] The first two prongs of the Miller test are held to the standards of the community, and the third prong is based on "whether a reasonable person would find such value in the material, taken as a whole". [5] For legal scholars, several issues are important.
The expression became one of the best-known phrases in the history of the Supreme Court. [4] Though "I know it when I see it" is widely cited as Stewart's test for "obscenity", he did not use the word "obscenity" himself in his short concurrence, but stated that he knew what fit the "shorthand description" of "hard-core pornography" when he saw it.
At issue was the statutory interpretation of the word "obscene" in the Obscene Publications Act 1857, which authorized the destruction of obscene books. [1] The court held that all material tending "to deprave and corrupt those whose minds are open to such immoral influences" was obscene, regardless of its artistic or literary merit.
United States obscenity law deals with the regulation or suppression of what is considered obscenity and therefore not protected speech or expression under the First Amendment to the United States Constitution. In the United States, discussion of obscenity typically relates to defining what pornography is obscene. Issues of obscenity arise at ...
The government is not permitted to fire an employee based on the employee's speech if three criteria are met: the speech addresses a matter of public concern; the speech is not made pursuant to the employee's job duties, but rather the speech is made in the employee's capacity as a citizen; [47] and the damage inflicted on the government by the ...
California, 403 U.S. 15 (1971), the U.S. Supreme Court ruled that the word "fuck", although almost universally considered obscene when used to describe sexual intercourse, is speech-protected by the First Amendment to the United States Constitution when used to express a political belief. On 26 April 1968, Paul Robert Cohen, then 19 years old ...
The difference between incitement and fighting words is subtle, focusing on the intent of the speaker. Inciting speech is characterized by the speaker's intent to make someone else the instrument of his or her unlawful will. Fighting words, by contrast, are intended to cause the hearer to react to the speaker. [20]
Obscene materials are defined as those that the average person, applying contemporary community standards, find, taken as a whole, appeal to the prurient interest; that depict or describe, in a patently offensive way, sexual conduct or excretory functions specifically defined by applicable state law; and that the work, taken as a whole, lacks ...