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Old 10-12-2005, 06:33 AM   #31 (permalink)
Redlemon
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If anyone is curious, previous to the Miller test, these were the other standards for obscentiy in the US:
Quote:
* Hicklin test: the effect of isolated passages upon the most susceptible persons. (British common law, cited in Regina v. Hicklin, 1868. LR 3 QB 360 - overturned when Michigan tried to outlaw all printed matter that would 'corrupt the morals of youth' in Butler v. State of Michigan 352 U.S. 380 (1957))
* Wepplo: If material has a substantial tendency to deprave or corrupt its readers by inciting lascivious thoughts or arousing lustful desires. (People v. Wepplo, 78 Cal.App.2d Supp. 959, 178 P.2d 853).
* Roth Standard: All ideas having even the slightest redeeming social importance - unorthodox ideas, controversial ideas, even ideas hateful to the prevailing climate of opinion - have the full protection of the guaranties, unless excludable because they encroach upon the limited area of more important interests. Roth v. United States 354 U.S. 476 (1957) - overturned by Miller
* Jacobellis: "community standards" applicable to an obscenity are national, not local standards. Jacobellis v. Ohio 378 US 184 (1964) - famous quote: "I know it when I see it [hardcore pornography] and this is not it".
* Roth-Memoirs Test: (a) the dominant theme of the material taken as a whole appeals to a prurient interest in sex; (b) the material is patently offensive because it affronts contemporary community standards relating to the description or representation of sexual matters; and (c) the material is utterly without redeeming social value. (A Book Named John Cleland's Memoirs of a Woman of Pleasure v. Attorney General of Massachusetts, 383 U.S. 413 (1966))
(source)
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