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What is the court's opinion on obscenity?
I will know it when I see it.
What 1973 US Supreme Court case held that obscenity must be defined by contemporary community standards?
Miller v. California, 413 US 14 (1973)In Miller, the Supreme Court established a three-prong test to determine whether something met the definition of obscenity.For more information, see Related Questions, below.
Did the case of Miller v. California (1973) deal with the issues of obscenity and the opinion was written by Warren Burger?
Yes, the case of Miller v. California (1973) addressed issues of obscenity. The Supreme Court established the Miller test, which provided a three-part standard to determine whether material is considered obscene and thus not protected by the First Amendment. The opinion was indeed written by Chief Justice Warren Burger.
Did the case of Miller v California deal with the issues of obscenity and the opinion was written by wareen burger?
Miller v California was a Landmark United States Supreme Court case that changes the precedence involving what constitutes unprotected obscenity for First Amendment purposes. The decision reiterated that obscenity was not protected by the First Amendment and established the a test called the Miller Test for determining what material was deemed obscene.
What is freedom of obscenity?
Freedom of obscenity . . . sounds like a free speech right from the Bill of Rights. The US Supreme Court has also said that local communities can have freedom from obscenity if they base it on the moral standards of a particular community.
What is legal test for obscenity?
The Miller Test is the current "test" used by Supreme Court Justices for obscenity. It basically states that if a creation has no artistic value whatsoever ("filth for the sake of filth") then it can be considered obscene.
How do you determine whether something is legally obscene?
Something is legally considered obscene if it meets the criteria established by the Supreme Court in Miller v. California (1973). The Court defined obscenity as material that appeals to a prurient interest in sex, depicts sexual conduct in a patently offensive way, and lacks serious literary, artistic, political, or scientific value. Any material meeting all three criteria can be found legally obscene.
What protections does obscenity receive from the courts?
The question is mis-leading and assumes an unproveable fact. Obscenity (as defined by the courts) receives no protection from the judicial system. Certain cases charging 'obscenity' have been brought to court and been rejected on the 'Free Speech' or 'Free Press' grounds but many have been prosecuted as well.
When was the supreme court established?
The Supreme Court was established in September 1789.
What is the Supreme Court tests for unprotected speech?
The Supreme Court has recognized certain categories of speech as unprotected, including obscenity, incitement to violence, fighting words, and true threats. The tests used to determine if speech falls into these categories include the Miller test for obscenity, the Brandenburg test for incitement, and the Chaplinsky test for fighting words. These tests involve examining whether the speech meets specific criteria related to its nature, intent, and likelihood to cause harm or violence.
When was the high court of Australia established?
the high court of Australia was established in 1901
What is the legal interpretation of obscenity based on?
U.S. obscenity law is based on the Miller Test that was established by the 1973 Supreme Court ruling in Miller v. California. The three parts of the Miller Test are: whether the average person, in an average setting, would find the work sexual in nature; whether the work demonstrates blatantly offensive sexual behavior as defined by law; and whether the work lacks any redeeming value on any level.
