JOURN 4000 1st Edition Lecture 32 Outline of Last Lecture I Privacy laws Outline of Current Lecture I Privacy laws II Obscenity laws Current Lecture Tony Twist predominant use test Expressive and commercial test Winter bros comic Autumn bros Lost because they were in Cali not MO 3 Stooges political commentary Abercrombie Fitch lost against appropriation of images Nicole Kidman Tom Cruise Matthew Broderick Sarah Jessica Parker used to sell Sephora perfume without consent Catherine Bosley case Obscenity What is obscenity Art or is it obscenity Serrano Piss Christ Kiddy porn Fanny Hill Memoirs of A Woman of Pleasure Civil War These notes represent a detailed interpretation of the professor s lecture GradeBuddy is best used as a supplement to your own notes not as a substitute 1873 Obscenity law that is still applicable is passed Ulysses James Joyce obscene Four part test Hickman test Look at the work as a whole Judge effect on reasonable people Judge against incidental obscenity Justice Brennan sex synonymous with obscenity No Obscenity in this country sex or excretory things Violence is not obscenity SC overturned Hickman test test asks if it appeals to prurient interest Redeeming social importance no redeeming value to be declared obscene Porn magazines obscene What state interest justifies restraint 1 Unwilling adults 2 Children 3 part test 1 Appeals to prurient interest Decided by average person 2 Patently offensive Affronts community standards related to description portrayal of sexual matters 3 Lacks artistic value Reasonable person standard Carnal Knowledge year in jail for showing this film No not allowed Children and obscenity Mere possession of child porn is a crime Larry Matthews immersed himself in child porn community for a story traded porn with an FBI agent No 1st Amendment defense if you get something unwillingly you either delete it or send it to authorities Variable obscenity material that is acceptable for adults might not be acceptable for children Pictures Robert Mapplethorpe Exhibition 18 room only Pictures of nude children Brought him to trial Jury did not agree with prosecutor 2 Live Crew escaped obscenity charges Colleen and Robert Thomas advertising nastiest sight on Earth Guy in Memphis working for prosecuting attorney said it wasn t nasty enough What community standards are going to be used California couple tried in Tennessee Thomases said use Internet community standards Court said no use place of download community standards Virtual porn Child Porn Prevention Act of 1996 image appeared to be of a person under 18 or if materials were advertised as child porn it is prohibited under the law Congress struck down law can t just appear Not all underage sex is obscene Romeo and Juliet American Beauty etc Protect Act end exploitation of children SC upholds act Williams sent email with child porn to secret service agent Offering to provide child porn or request to receive it is the problem
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