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Originally Posted by lotsofmagnets
i was told it has, in fact, been banned in the us. i agree it isnīt obscene (at least not by my standards) but the beatles song "a day in the life" was banned simply because they didnīt understand what it was about.
on an unrelated note i think there was an earthquake here as i was typing that :s
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I don't think it has been banned in the United States--Google News had nothing to say about it that was negative; all the news I pulled up about it painted the video as artistic. They can't just outright ban a video in the U.S. because of nudity--it has to clearly be obscene to be banned, and the video is not obscene.
To the SCOTUS, a work is obscene if it passes the Miller test (determined in
Miller v. California):
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* Whether the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest,
* Whether the work depicts/describes, in a patently offensive way, sexual conduct or excretory functions[2] specifically defined by applicable state law,
* Whether the work, taken as a whole, lacks serious literary, artistic, political or scientific value. (This is also known as the (S)LAPS test- [Serious] Literary, Artistic, Political, Scientific).
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Clearly, the video fails the Miller test for obscenity.