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| | Obscenity - Wikipedia, the free encyclopedia |
 | | Obscenity law in England and Wales is currently governed by the Obscene Publications Act, but obscenity law goes back much further into the English common law. | | | Federal obscenity laws at present apply to inter-state obscenity issues such as distribution; intra-state issues are for the most part still governed by State law. | | | Political history of obscenity in the US In 2005, the United States Justice Department, under Attorney General Alberto Gonzales, promised to start a "war" on adult entertainment. |
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http://en.wikipedia.org/wiki/Obscenity
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| | Office of the Utah Attorney General Obscenity/Pornography Laws |
| | Obscenity is the legal term used by the Supreme Court of the United States and the federal law for illegal sexually explicit material. | | | United States, 354 U.S., the court stated, “We hold that obscenity is not within the area of constitutionally protected speech.” | | | Pornography – “obscenity” in many states - is not protected by the First Amendment. |
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http://attorneygeneral.utah.gov/pornography/obscenpornlaws.htm
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| | ObscenityCrimes.org |
| | The Court made it clear that the rights of obscenity advocates are not the only ones to be considered. | | | Vigorous enforcement of the federal statutes criminalizing the distribution of adult obscenity by U.S. Attorneys is critical - and so I encourage further collaborative efforts between the U.S. Attorneys and CEOS. | | | Also, to bring the full weight of the Department of Justice to the fight against child pornography and obscenity, the Attorney General's Advisory Committee revised recently the U.S. Attorneys' manual. |
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http://www.obscenitycrimes.org/AshcroftSpeech.cfm
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| | Obscenity - Legal Information For Adult Website Webmasters |
| | The current definition of obscenity requires the application of a three-part test enunciated by the Court in Miller v. | | | Slaton, 413 U.S. Whether the Court's reasoning in these and similar cases is sound, and there is considerable debate about that, there is no doubt that publishing obscene content is illegal in the United States. | | | This means that if obscenity is charged in Hollywood or Manhattan, "obscenity" will probably mean something different than if the crime is charged in, for example, Cincinnati, Ohio. |
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http://www.adultweblaw.com/laws/obscene.htm
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| | Movie Day at the Supreme Court or "I Know It When I See It": A History of the Definition of Obscenity |
| | Thus, the Court tried to clarify this standard by adding another requirement for obscenity in later opinions – that the material goes "substantially beyond customary limits of candor in description or representation." The Court also clarified that the "community" referred to in the definition was as the national, not local, community. | | | With the arrival of Rehnquist and Burger, the Court opinions on obscenity became more conservative. | | | California, Justice Burger announced the second definition of obscenity - the majority position of the Court, and the definition, which, more or less, is still in effect today. |
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http://library.findlaw.com/2003/May/15/132747.html
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| | FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code |
| | O'Brien, 391 U.S. (1968), a case not dealing with obscenity, the Court held a State regulation of conduct which itself embodied both speech and nonspeech elements to be "sufficiently justified if. | | | Noting that "[t]he number of obscenity cases on our docket gives ample testimony to the burden that has been placed upon this Court," he quite rightly remarks that the examination of contested materials "is hardly a source of edification to the members of this Court." Paris Adult | | | If a state obscenity law is thus limited, First Amendment values are adequately protected by ultimate independent appellate review of constitutional claims when necessary. |
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http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=413&invol=15
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| | Enforcing Obscenity Law |
| | However, when a work DOES meet the legal definition of obscenity, it is NOT protected by the First Amendment and is subject to legal restriction. | | | If a state obscenity law is thus limited, First Amendment values are adequately protected by ultimate independent appellate review of constitutional claims when necessary. | | | There is a pervasive attitude of so what as regards obscenity law. |
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http://www.theconservativevoice.com/articles/article.html?id=8461
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| | obscenity |
| | It ruled that a national definition of obscenity was not necessary and, therefore, that communities could develop local standards within the court's guidelines. | | | The legal determination that material falls within a definition of obscenity is usually made by a jury. | | | The court ruled that material that appealed to prurient interest in sex and that did not have serious literary, artistic, political, or scientific value could be banned as obscene. |
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http://www.infoplease.com/ce6/society/A0836300.html
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| | The First Amendment and Obscenity and Public Nudity |
| | A wide variety of tests have been employed by individual justices to determine what is constitutionally proscribable obscenity, and for long periods of time, no single approach commanded the support of a majority of the Court. | | | One can be sure that the defense attorney (if he was a good lawyer) would have made inquiry among the pimps, prostitutes, homosexuals, and other members of the pornographic community to see if any prospective jurors might be favorably inclined to protect one accused of showing pornographic films.... | | | Smith v California concerns what must be shown to convict a bookseller in an obscenity case. |
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http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/obscenity.htm
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| | Law.com - U.S. Attorney's Porn Fight Gets Bad Reviews |
| | Criminal defense attorneys and an American Civil Liberties Union spokeswoman say they are appalled at the Justice Department's plan to prioritize the prosecution of obscenity when narcotics trafficking, public corruption, and fraud are rampant in South Florida. | | | The task force, according to a Justice Department news release on May 5, will be "dedicated to the investigation and prosecution of the distributors of hard-core pornography that meets the test for obscenity, as defined by the United States Supreme Court." | | | California, the Supreme Court laid out a three-pronged test to separate obscenity from protected First Amendment speech. |
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http://www.law.com/jsp/article.jsp?id=1125318960389
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| | HOW PROSECUTORS ARE USING OBSCENITY LAWS TO STIFLE DISSENT |
| | California test, and that because of the severe chilling effect of simply being prosecuted for obscenity, even if ultimately acquitted, the court had a constitutional obligation to dismiss the spurious charges without subjecting the defendants to the ordeal of a trial. | | | A prosecutorial desire to suppress nasty ideas is a constitutionally illegitimate reason to initiate a criminal case, as the Supreme Court has frequently noted. | | | The city is appealing this order suppressing the "contraband," without which, of course, it cannot make its case in court. |
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http://www.theroc.org/roc-mag/textarch/roc-19/roc19-05.htm
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| | Crosswalk.com - Obscenity Indictment Start of Justice Department Crackdown |
| | The U.S. Supreme Court decided in 1973 that materials are obscene if they (1) appeal to the prurient interest, (2) are patently offensive, and (3) lack serious literary, artistic, political or scientific value in the view of an average, reasonable person applying contemporary community standards. | | | With this indictment, however, "the pornography industry is now on notice that the Justice Department is now taking steps to enforce federal obscenity laws," Buchanan said. | | | The Justice Department is also seeking forfeiture of all property involved in the alleged crimes. |
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http://www.crosswalk.com/news/1214070.html
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| | A History of Obscenity Legislation in Michigan |
| | Llewellyn, 1977), the Michigan Supreme Court specifically called upon the legislature "to provide a specific definition of obscenity and specific standards for the trier of fact in determining what is constitutionally obscene...." By 1978 they had still failed to act — five years after the Miller decision. | | | While a husband and wife team (Gerald and Faye Marie Bond) was successfully prosecuted in both state and federal court in Kent County, that case seemed to be the exception. | | | A brief review of the history of our legislature's efforts to bring our state obscenity laws up to date is a classic example of the status quo under the Capitol dome. |
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http://www.mdac.org/history.htm
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| | Review of Child Pornography and Obscenity Crimes |
| | The primary reasons reported by the USAOs for declining a case involving obscene material were weak evidence (18.3 percent), lack of evidence that a federal crime had been committed (12.5 percent), lack of evidence to support the case (11.9 percent), prosecution of suspect by other authorities (11.7 percent), and minimal federal interest (10.6 percent). | | | The FBI and the CEOS also stated that because much of the obscene material is distributed over the Internet, it is difficult to identify a case's jurisdiction and therefore which community standards should be applied. | | | The data provided by EOUSA for this 9-year period showed that the FBI, U.S. Postal Service, and the U.S. Customs Service were the primary referral sources of obscenity cases to the USAOs, with the FBI referring 43 percent of the cases. |
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http://www.usdoj.gov/oig/reports/plus/e0107/results.htm
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| | 355. Computer crime: Obscenity and protecting children |
| | In the United States, there was a federal law that attempted to regulate obscenity on the Internet, but the United States Supreme Court struck it down because it was vague and because it restricted freedom of speech. | | | However, general laws governing obscenity would likely apply to acts committed on the Internet. |
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http://www.legalline.ca/cyber/355.html
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| | Obscene, Profane & Indecent Broadcasts |
| | In such a case, the complainant has the option of re-filing the complaint with additional information, filing either a petition for reconsideration, or, if the decision is a staff action, an application for review (appeal) to the full Commission. | | | The courts have held that indecent material is protected by the First Amendment and cannot be banned entirely. | | | In either situation, the complainant has the option of filing either a petition for reconsideration or, if the decision is a staff action, an application for review (appeal) to the full Commission. |
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http://www.fcc.gov/cgb/consumerfacts/obscene.html
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| | Poll: 8 of 10 Want Internet Obscenity Laws Enforced -- 03/18/2002 |
| | Many forms of pornography have been ruled in various courts to be protected speech under the First Amendment, but most states also have obscenity laws on the books, drawing a legal distinction between pornography and obscenity. | | | Lyon considers child porn to be little more than "child sex abuse," obscenity is governed by "no federal obscenity laws, only laws made within communities," and legal pornography is protected by the First Amendment of the Constitution. | | | The Supreme Court has said that those who distribute hard-core pornography can be prosecuted under obscenity laws. |
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http://www.cnsnews.com/ViewCulture.asp?Page=\Culture\archive\200203\CUL20020319a.html
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| | USATODAY.com - Bush administration stepping up obscenity prosecutions |
| | A proponent of strict enforcement of obscenity laws agreed with Heins that so far, the administration has aimed mostly at minor figures in the industry. | | | But Lambert and co-defendant Sanford Wasserman were charged last spring with violating federal obscenity statutes. | | | Since 2001, 40 people and businesses have been convicted and 20 additional indictments are pending, said Andrew Oosterbaan, chief of the Justice Department's child exploitation and obscenity section. |
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http://www.usatoday.com/news/washington/2005-05-04-bush-obscenity_x.htm
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| | Prosecutors seek conservative venues - PittsburghLIVE.com |
| | The charges -- including conspiracy to distribute obscene matters, mailing obscene or crime-inciting matter and transportation of obscene matter for sale or distribution -- carry a maximum penalty of 50 years in prison and a $2.5 million fine for Zicari and Romano, and probation and a $5 million fine for the company. | | | A 1973 Supreme Court ruling found that something is obscene if, taken as a whole, it appeals to the prurient interests of the average person, depicts patently offensive sexual conduct and lacks any serious literary, political, artistic or scientific value. | | | Lawrence G. Walters, a Florida lawyer who has practiced First Amendment law since the late 1980s, said trying federal obscenity cases in areas perceived as conservative has become routine because jurors define obscenity in terms of community standards. |
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http://www.pittsburghlive.com/x/tribune-review/trib/pittsburgh/s_194571.html
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| | AskOxford: obscenity |
| | obscenities) 1 the state or quality of being obscene. |
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http://www.askoxford.com/concise_oed/obscenity?view=uk
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| | Writer's Encyclopedia--Letter O |
| | California states that obscenity is determined by (a) whether "the average person, applying contemporary standards, would find that the work, taken as a whole, appeals to the prurient interest. | | | Often used incorrectly as a synonym for pornography, obscenity has an alterable legal meaning, depending on evolving court rulings. | | | While these observances are not required of the freelance nonfiction writer as they are of newspaper or broadcast journalists, the ethic of objectivity nevertheless provides an effective guideline in all nonfiction writing. |
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http://www.writersmarket.com/encyc/o.asp
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| | CitizenLink - Features - Department of Justice Takes Action on Obscenity |
| | Instead of using the traditional litmus test for obscenity cases, what's known as the Miller Test, Lancaster based his ruling on the so-called "strict scrutiny" test, essentially creating an anything-goes attitude toward obscene materials. | | | The elusive definition of obscenity has made the most coveted prosecutions very difficult for government attorneys. | | | The pro-porn agenda has tried to confuse the issue of obscenity with First Amendment rights and other issues. |
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http://www.family.org/cforum/feature/a0036514.cfm
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| | NPR : Challenging Texas Obscenity Laws |
| | Day to Day, February 7, 2005 · Two court cases are challenging a long-standing Texas obscenity law that prevents the sale of adult sex toys. |
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http://www.npr.org/templates/story/story.php?storyId=4489023
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| | Search Results for obscenity - Encyclopædia Britannica |
| | Discusses the difference between obscenity laws and child pornography laws, and offers advice to systems administrators who would like to protect themselves. | | | Article by Mike Godwin about the difficulty of applying traditional obscenity law to cases involving the Internet. | | | Article by Mike Godwin in Internet World (Nov./Dec. 1993) about libel law on the Internet. |
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http://www.britannica.com/search?query=obscenity&submit=Find&source=MWTEXT
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| | Afterimage: Mapplethorpe and the new obscenity - Essay - Robert Mapplethorpe |
| | In legal terms, obscenity constitutes a form of speech that is not protected by the first amendment in the U.S. Constitution and is therefore frequently sanctioned by federal, state and local laws. | | | However, some mediation is provided in the form of legal precedent. | | | Generally, it is left to law enforcement, and later to judges and juries, to determine whether any given cultural object constitutes obscenity. |
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http://www.findarticles.com/p/articles/mi_m2479/is_5_30/ai_99309202
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| | CNN - Larry Flynt makes plea bargain, avoids obscenity trial - May 12, 1999 |
| | CINCINNATI (CNN) -- Hustler magazine publisher Larry Flynt avoided a trial -- and possible jail term -- on obscenity charges by agreeing to a plea bargain deal with prosecutors Wednesday. | | | Larry Flynt makes plea bargain, avoids obscenity trial | | | Because of the plea bargain, there will be no trial. |
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http://www.cnn.com/US/9905/12/flynt.01
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| | Posts tagged with obscenity MetaFilter |
| | Today, however, the Third Circuit reversed, rejecting the defendant's arguments that (1) Lawrence protected their liberty interest in distributing pornographic material, and (2) earlier Supreme Court obscenity precedent should be revisited in light of the increased prevalence of Internet transmission. | | | The result, undoubtedly, will be a new wave of prosecutions not seen since the Supreme Court set limits on First-Amendment based protections in the 1970s. | | | Anti-porn advocates were dismayed in January when a federal judge in Pittsburgh, citing dicta on sexual liberty in the Supreme Court's Lawrence v. |
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http://www.metafilter.com/tags/obscenity
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| | firstamendmentcenter.org: Adult Entertainment in Speech - topic faqs |
| | Ferber, the U.S. Supreme Court determined that child pornography was a separate category of expression that received no First Amendment protection. | | | These courts relied on the Hicklin rule, developed from a 19th century English case, Regina v. | | | The U.S. Supreme Court set up a test for obscenity in its 1973 decision Miller v. |
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http://www.firstamendmentcenter.org/speech/adultent/topic_faqs.aspx?topic=pornography
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| | obscenity - OneLook Dictionary Search |
| | Phrases that include obscenity: obscene obscenity, obscenity law, vicinity of obscenity | | | Obscenity : Duhaime's Canadian law dictionary [home, info] | | | We found 27 dictionaries with English definitions that include the word obscenity: |
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http://www.onelook.com/cgi-bin/cgiwrap/bware/dofind.cgi?word=obscenity
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| | Child Exploitation and Obscenity Home page |
| | In addition, CEOS attorneys perform other vital functions within the Criminal Division of the Department of Justice, including providing advice and training to federal prosecutors, law enforcement personnel, and Department of Justice officials, developing prosecution policies, legislation, government practices and agency regulations, and participating in national and international meetings on training and policy development. | | | In all aspects of their work, CEOS attorneys seek to blend prosecutorial experience with policy expertise in order to create innovative solutions to the threat posed by those who violate child exploitation and obscenity laws. | | | CEOS attorneys prosecute defendants who have violated federal child exploitation and obscenity laws and also assist the 93 United States Attorney Offices in investigations, trials, and appeals related to these offenses. |
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http://www.usdoj.gov/criminal/ceos
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| | Federal and State Obscenity Statutes |
| | Disclaimer: This page provides copies of the texts various state obscenity and related laws, as found on their official Web sites. | | | Copyright © 2001-2004, National Obscenity Law Center and | | | New Mexico does not have an obscenity law. |
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http://www.moralityinmedia.org/nolc/statutesIndex.htm
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| | Obscenity Does Not Exist |
| | Miller, like the case law before it, presupposes that obscenity is not speech and therefore not protected by the First Amendment. | | | Obscenity law means that someone--the speaker of the illicit speech--can go to prison for the listener's reaction or even over-reaction, largely divorced from any actual intention of the speech itself. | | | It completely fails to define obscenity in terms of what it is, rather than what it is not. |
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http://www.spectacle.org/296/obscene.html
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| | Technorati Tag: obscenity |
| | Obscenity is illegal in America and pornography can only be sold in the US if it can’t be defined as... | | | A tag is like a subject or category. | | | NOTE: This is a temporary gallery, that will eventually be removed. |
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http://technorati.com/tag/obscenity
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| | Crosswalk.com - Legislation Undergirds Obscenity Prosecution, Protects Kids |
| | Senate Concurrent Resolution 77, passed unanimously by the chamber the Saturday before Thanksgiving, states simply that "it is the sense of Congress that the Federal obscenity laws should be vigorously enforced throughout the United States." Pat Trueman, who works with several pro-family organizations, explains the impetus behind the resolution. | | | The U.S. Senate has decided it's time to give Attorney General John Ashcroft a little nudge when it comes to the issue of obscenity. | | | Trueman says the Senate resolution will assure Ashcroft that Congress is fully supporting any effort at going after obscenity and its purveyors. |
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http://www.crosswalk.com/news/1234347.html
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| | THE VN/VO Obscenity, Censorship and the Revival of Mob Rules a second-term right-wing administration once again is ... |
| | Terms of Service: Content from THE VN/VO site, including but not limited to text, articles, images may not be copied, reposted, broadcast, or disseminated in any form without the express written permission of Christopher J. Falvey. | | | A second-term right-wing administration once again is taking on obscenity, and once again the argument becomes whether or not harm is caused by certain images and words. | | | When it comes to obscenity rules, "rule" is the operative word- a concept that has bastardized whatever protections the government is supposed to be providing under such imperatives. |
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http://www.vnvo.com/stories/obscenity_censorship_revival_mob_rules_p1.asp
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| | Family.org - Senate Told Obscenity Prosecution Needed |
| | "First is that the Supreme Court has clearly and repeatedly held that obscenity does not merit First Amendment protection," he noted. | | | Illegal obscenity can and should be prosecuted under the Constitution, policy experts told Congress on Wednesday. | | | "The second is that the government has a legitimate and constitutionally valid interest in regulating obscenity through, among other things, the enforcement of relevant federal and state statutes." |
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http://www.family.org/cforum/fnif/news/a0035904.cfm
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| | ICv2 News - CBLDF Appeals Retailer Conviction |
| | The lawyer for the Comic Book Legal Defense Fund (CBLDF) has filed an appeal to the highest criminal court in Texas in the obscenity conviction of Jesus Castillo, manager of a Dallas comic store. | | | He was sentenced to 180 days in jail, a year's probation, and a $4,000 fine. | | | This medium, the medium that this obscenity is placed in is done so in an appealing manner to children. |
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http://www.icv2.com/articles/news/1718.html
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| | Recruits Sought for Porn Squad |
| | "All other field offices may investigate obscenity cases pursuant to this initiative if resources are available," the directive from headquarters said. | | | Community standards -- along with a prurient purpose and absence of artistic merit -- define criminal obscenity under current Supreme Court doctrine. | | | Federal obscenity prosecutions, which have been out of style since Attorney General Edwin Meese III in the Reagan administration made pornography a signature issue in the 1980s, do "encounter many legal issues, including First Amendment claims," the FBI headquarters memo noted. |
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http://www.washingtonpost.com/wp-dyn/content/article/2005/09/19/AR2005091901570.html
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| | Torture is the obscenity - PittsburghLIVE.com |
| | Maybe like those that the U.S. attorney for Western Pennsylvania will introduce as evidence in an upcoming obscenity trial. | | | The tapes were purchased through the mail as part of an obscenity investigation. | | | News reports suggest the story lines (what there are of them, anyway) cannot be described graphically in a family newspaper. |
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http://www.pittsburghlive.com/x/tribune-review/opinion/columnists/s_199703.html
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| | Matthew Yglesias: Obscenity |
| | Listed below are links to weblogs that reference Obscenity: | | | » Yglesias is right about obscenity from Notes in Samsara | | | I was explaining to our dinner guests, immigrants that there once was a time when you could leave the TV turned on at dinner and not hear the words, "erections lasting longer than 4 hours, while rare, require immediate medical attention." [Read More] |
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http://yglesias.typepad.com/matthew/2005/02/obscenity.html
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| | Legal Definition of Obscene, Obscenity |
| | The 'Lectric Law Library's Lexicon On * Obscene, Obscenity * | | | OBSCENE, OBSCENITY - Such indecency as is calculated to promote the violation of the law and the general corruption of morals. | | | In addition to considering the average or normal person, the prurient appeal requirement may also be assessed in terms of the sexual interest of a clearly defined deviant sexual group if the material was intended to appeal to the prurient interest of such a group as, for example, homosexuals. |
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http://www.lectlaw.com/def2/o002.htm
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| | CBLDF: Case Files-- Mike Diana |
| | Comic Book Artist Appeals Obscenity Conviction to Supreme Court | | | On June 27, 1997 the United States Supreme Court denied Mike Diana's petition for a writ of certiorari, thus ending a three year battle to have his obscenity conviction in the state of Florida overturned. | | | Diana was first charged with obscenity after an undercover Florida detective posed as an artist to obtain copies of "Boiled Angel." In a week-long case in March of 1994, a Florida jury found Diana guilty of publishing, distributing, and advertising obscene material. |
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http://www.cbldf.org/casefiles/diana.shtml
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| | Obscenity |
| | Obscenity is not considered to be "speech" and therefore not entitled to First Amendment protection. | | | Non-obscene pornography, however, is speech and therefore is protected, though if it is indecent speech in a broadcast medium it will still be subject to the form of regulation known as channeling. | | | The third prong, SLAP value, is determined according to a hypothetical "reasonable person" test. |
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http://www.spectacle.org/freespch/musm/obsne.html
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| | Obscenity biography @ Tartareandesire.com |
| | OBSCENITY are undoubtly on of the most promising and hopefullst and technical pretentiouses Death-Metal bands on this planet. | | | The Video was also broadcasted by many TV-shows. | | | This masterpiece has exeed all expectations and is one of the most mercilessly Death-Metal releases ever. |
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http://www.tartareandesire.com/bands/obscenity.html
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| | News from Agape Press |
| | One document included the word pornography, but it happened to be a document that was blasting President Bush because he had appointed a judge to the federal courts who was against pornography." | | | What concerns Peters, however, is the question of what John Kerry is likely to do about enforcing obscenity laws if he is elected. | | | It appears Kerry has chosen not to take a strong stance against the porn industry or obscenity in the media and entertainment, and MIM's president suspects Kerry's move to distance himself from the issue may in some ways be paying off for the Democratic candidate. |
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http://headlines.agapepress.org/archive/10/122004e.asp
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| | SignOnSanDiego.com > News > Nation -- Attorney general says he will prosecute obscenity aggressively |
| | The Justice Department is appealing the dismissal of an obscenity case in Pittsburgh in which a federal judge said prosecutors went too far in trying to block the sale of pornographic movies over the Internet and through the mail. | | | In his first lengthy address since becoming attorney general in early February, Gonzales said people who distribute obscene materials do not enjoy constitutional guarantees of free speech. | | | WASHINGTON – Attorney General Alberto Gonzales said Monday he would move aggressively to prosecute obscenity cases, and he laid out a broader agenda much like that of his predecessor, John Ashcroft. |
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http://www.signonsandiego.com/news/nation/20050228-1348-gonzales.html
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| | obscenity from FOLDOC |
| | Nearby terms: object-oriented programming « objective - subjective « obligation « obscenity » obscurum per obscurius » obversion » observational equivalence |
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http://lgxserver.uniba.it/lei/foldop/foldoc.cgi?obscenity
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| | Concerned Women for America - DOJ Busts Internet Web Site for Obscenity |
| | Just days ago, Brad Greenberg, a state prosecutor in Cincinnati, won an obscenity conviction against the operator of a Web site where the material was hard-core sex without “sexual abuse and mutilation.” Greenberg in his first obscenity case beat one of the veteran porn defense attorneys, Louis Sirkin. | | | Encourage his department to continue vigorous enforcement of the law against all distributors of obscenity, including those with “white collars.” | | | Contemporary community standards, the reference point by which a jury decides whether material is obscene, does not mean anything goes. |
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http://www.cwfa.org/articledisplay.asp?id=2760&department=CWA&categoryid=pornography
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