Miss Jasmine
Time for something new!<BR><font color=limegreen><
- Joined
- May 23, 2001
- Messages
- 16,856
Miller v. California in 1973 broadened the three point test...
To determine if a work is obscene it is necessary to establish that "the average person, applying contemprary community standards" would find that the work, taken as a whole, appeals to the prurient interest. Second, the materials must depict or describe in "aptently offensive" way sexual conduct specifically defined by applicable state law. Third, the work, taken as a whole, must lack serious literary, artistic, political, or scientic value. The test is "conjuctive"; all three parts must be met if a work is to be ruled obscense and therefore outside of constitutional protection.
Ahhh good ole Media Law class.
Anyway, but this definitition I can see Janet Jackson's **** being offensive, but not SPR. I think the ABC affiliates woosed out. Of course it does seem the FCC has been running rampant as of late.
To determine if a work is obscene it is necessary to establish that "the average person, applying contemprary community standards" would find that the work, taken as a whole, appeals to the prurient interest. Second, the materials must depict or describe in "aptently offensive" way sexual conduct specifically defined by applicable state law. Third, the work, taken as a whole, must lack serious literary, artistic, political, or scientic value. The test is "conjuctive"; all three parts must be met if a work is to be ruled obscense and therefore outside of constitutional protection.
Ahhh good ole Media Law class.
Anyway, but this definitition I can see Janet Jackson's **** being offensive, but not SPR. I think the ABC affiliates woosed out. Of course it does seem the FCC has been running rampant as of late.

