MC 3080 Chapter : T Obscenity Nov 15
Document Summary
Obscenity: one of the three exceptions to prior speech. Though, it"s often difficult to actually classify it at obscenity". Describes everything from passionate love scenes to hard-core adult material: legal sense isn"t quite what as close to what we think of as porn. Adult material: can"t put it on an fcc licensed broadcast outlet (not hbo, but like fox) Indecent material involving children or published on fcc broadcast outlets are illegal and unprotected by the f. a. Defined by miller v. california (1973: still holds; supco decision. Theodore dreiser: 1944 lady chatterley"s lover, <1957 hicklin rule (before "57) anything was considered obscene if it had a tendency to corrupt or negatively influence anyone; esp. children. Mass. , massachusetts banned fanny hill (novel in 1750). Overturned because not unqualifiedly worthless, even if patently offensive and prurient: so by the middle of the 60"s, not much shit was considered obscene. These two cases develop the roth/memoirs test: very difficult this test in effect.
