Saturday, August 21, 2010

How has the court dealt with obscienity cases? what is the defination of obscienity??

The court deals with an obscenity charge by presenting the evidence to the jury. The quote given below is an oft-celebrated definition given by Justice Potter-Stewart.





The Supreme Court has decided that obscenity will be determined on a case by case basis. Generally it is material that is ';absolutely void of artistic, creative, or scientific value which appeals soley to the...prurient interest.'; In determing what material is obscene, the court decided that only the community had the right to do so, the Community-Standards scheme. It simply means that the jury has the right to decided it the material is protected by the 1st amendment, and whether it is obscene. The Practical legal effect is that a more liberal place like Cambridge, MA will have far different community standards from say Savanah, GA.How has the court dealt with obscienity cases? what is the defination of obscienity??
'; I don't know how to define it, but I know it when I see it.';

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