JOURN 4000 1st Edition Lecture 32Outline of Last LectureI. Privacy lawsOutline of Current LectureI. Privacy lawsII. Obscenity lawsCurrent LectureTony Twist predominant use test-Expressive and commercial testWinter 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 caseObscenity: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 obscenePorn magazines obscene? What state interest justifies restraint?1. Unwilling adults2. 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 standardCarnal Knowledge year in jail for showing this film? No, not allowedChildren 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 authoritiesVariable 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
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