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thetammyjo -> RE: what is obscene? (7/3/2008 6:03:19 AM)
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I believe it was the 1957 Supreme Court decision that basically said the following:
Obscenity is not protected by the first amendment but to be obscenity the following must be true:
1) A thing must be prurient in nature
2) A thing must be completely devoid of scientific, political, educational, or social value
3) A thing must violate the local community standards
If it meets all three of these things, it is obscenity.
If any thing does not meant all three standards, then it is not obscene and is protected by the first amendment. At least in the USA.
In Indiana there was an attempt to make store pay a "fee" for sexual sexual explicit material and it was struck down because the idiot who wrote it didn't bother to learn the basics about what has been declared protected speech repeatedly.
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