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Books Books 11 - 20 of 27 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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Observations of White Noise: An 'acid Test' for the First Amendment

Marc M. Harrold - Law - 2005 - 160 pages
...obscene will be determined by the application of the three-part test set forth in Miller v. California. a. whether the 'average person applying contemporary...serious literary, artistic, political, or scientific value. In (a) & (b), above, it is clear that the Court has carved out an exception to the First Amendment...
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Ethics, Literature, and Theory: An Introductory Reader

Stephen K. George - Literary Criticism - 2005 - 401 pages
...reinforced, even as it amplified, the earlier decision: The basic guidelines for the trier of fact must be: (a) whether "the average person, applying contemporary...serious literary, artistic, political, or scientific value.2 While I knew that standards of rural communities were doubtless stricter than those of large...
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The Novel and the Obscene: Sexual Subjects in American Modernism

Florence Dore - Literary Criticism - 2005 - 167 pages
...involved the most substantial redefinition. After Miller, obscenity would be defined by this test: (a) whether "the average person, applying contemporary...whether the work, taken as a whole, lacks serious artistic, political, or scientific value. (24) Chapter I 1. Robert Elias records this note from the...
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California School Law

Frank R. Kemerer, Peter Andrew Sansom, Jennifer Kemerer - Education - 2005 - 549 pages
...1973. In that case, the majority set forth a three-part test for determining when material is obscene: whether the average person, applying contemporary...taken as a whole, appeals to the prurient interest; whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined...
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Feminist Activism in the Supreme Court: Legal Mobilization and the Women's ...

Christopher P. Manfredi - Law - 2005 - 272 pages
...Court clarified its definition of obscenity and directed triers of fact to consider three factors:68 1 Whether the average person, applying contemporary...taken as a whole, appeals to the prurient interest. 2 Whether the work depicts or describes in a patently offensive way, sexual conduct specifically defined...
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Internet and the Law: Technology, Society, and Compromises

Aaron Schwabach - Computers - 2006 - 395 pages
...the definition that is generally used in US law. Under the Miller test, material is obscene if (a) "the average person, applying contemporary community...as a whole appeals to the prurient interest"; (b) "the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by...
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The Law (in Plain English) for Writers

Leonard D. DuBoff, Bert P. Krages - Law - 2005 - 280 pages
...California. The standard created in Miller to determine if something is considered obscene is: whether the average person, applying contemporary...would find that the work, taken as a whole, appeals to prurient interest; whether the work depicts or describes, in a patently offensive way, sexual conduct...
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The European Union: A Polity of States and Peoples

Walter Gerven - Law - 2005 - 397 pages
...(mailing unsolicited, very explicit materials) appeals to the prurient interest, whether the material depicts or describes in a patently offensive way sexual...specifically defined by the applicable state law, and whether, taken as a whole, it lacks serious literary, artistic, political, or scientific value. On...
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Sexual Partnering, Sexual Practices, and Health

Sana Loue - Health & Fitness - 2006 - 191 pages
This title replaces myth and stereotype on sexual partnering with meticulously documented findings on real people and their behaviors in their social, environmental, and ...
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Author Law A to Z: A Desktop Guide to Writers' Rights and Responsibilities

Sallie G. Randolph - Language Arts & Disciplines - 2005 - 350 pages
...regulation only when taken as a whole, it (I) appeals to the prurient interest in sex; (2) portrays, in a patently offensive way, sexual conduct specifically defined by the applicable state law; and (3) does not have serious literary, artistic, political, or scientific value. The Court found that...
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