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Books Books 1 - 10 of 15 on The basic guidelines for the trier of fact must be: (a) whether "the average person,....  
" 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... "
Free Expression in the Age of the Internet: Social and Legal Boundaries - Page 108
by Jeremy Harris Lipschultz - 2000 - 331 pages
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The Democratic Constitution

Neal Devins Goodrich Professor of Law College of William and Mary, Congressional Research Service Library of Congress Louis Fisher Senior Specialist in Separation of Powers - Political Science - 2004 - 320 pages
In this fascinating debunking of judicial supremacy, Devins and Fisher argue that nonjudicial contributions to constitutional interpretation make the Constitution more stable ...
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Making Policy, Making Law: An Interbranch Perspective

Mark C. Miller, Jeb Barnes - Law - 2004 - 256 pages
... guidelines. Jurors are supposed to decide (1) whether the average person, applying contemporary standards, would find that the work, taken as a whole, appeals to the prurient interest; (2) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically...
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Civil Liberties in America: A Reference Handbook

Samuel Walker - Law - 2004 - 323 pages
...tests: (1) the "average person" would agree that work as a whole "appeals to prurient interest"; (2) the work depicts or describes in a "patently offensive way" sexual conduct specifically defined by applicable state law; (3) the work as a whole lacks "serious literary, artistic, political, or scientific...
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Hiding from Humanity: Disgust, Shame, and the Law

Martha Craven Nussbaum - Law - 2004 - 413 pages
...state regulation "where that work, taken as a whole, appeals to the prurient interest in sex; portrays, in a patently offensive way, sexual conduct specifically defined by the applicable state law; and, taken as a whole, does not have serious literary, artistic, political or scientific value."17 This...
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Civil Peace and the Quest for Truth: The First Amendment Freedoms in ...

Murray Dry - Law - 2004 - 309 pages
...had to be specifically defined by an applicable state statute, and the third part of the test asked "whether the work, taken as a whole, lacks serious literary, artistic, political or scientific value."100 The Supreme Court divided 5 to 4 in Miller and its companion case.101 Justice Brennan, who...
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Encyclopedia of White-Collar & Corporate Crime, Volume 1

Lawrence M. Salinger - Social Science - 2005 - 974 pages
...standards" would feel it appeals only to "prurient" sexual "interests." In addition to these criteria, the work taken as a whole "lacks serious literary, artistic, political, or scientific value." Once again these are open to interpretation. While organized crime once controlled virtually...
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Constitutional Politics in Canada and the United States

Stephen L. Newman - Political Science - 2004 - 282 pages
...obscenity is "utterly without redeeming social importance," what the prosecution has to show is that "the work, taken as a whole, lacks serious literary, artistic, political or scientific value." 10 Miller not only restates Roth, but also softens the test for obscenity by bringing more...
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Digital Evidence and Computer Crime: Forensic Science, Computers and the ...

Computers - 2004 - 690 pages
...v. California, is as follows: 1 Would the average person, applying contemporary community standards, find that the work, taken as a whole, appeals to the prurient interest? 2 Does the work depict or describe, in a patently offensive way, sexual conduct specifically defined...
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Digital Evidence and Computer Crime: Forensic Science, Computers and the ...

Computers - 2004 - 690 pages
...v. California, is as follows: 1 Would the average person, applying contemporary community standards, find that the work, taken as a whole, appeals to the prurient interest? 2 Does the work depict or describe, in a patently offensive way, sexual conduct specifically defined...
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Perspectives and Policies on ICT in Society: An IFIP TC9 (Computers and ...

Subhasis Chaudhuri, Manjunath V. Joshi - Business & Economics - 2005 - 290 pages
...California statute. The Supreme Court provided the following "basic guidelines for the trier of fact": (a) whether ...the average person, applying contemporary...serious literary, artistic, political, or scientific value. If a state obscenity law is thus limited, First Amendment values are adequately protected by...
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