Sentences with phrase «obscenity standards»
As background reading for those trying to follow the global warming debate, I would recommend «On B *******» by Harry Frankfurt, available from Amazon.com I have not printed the full title being unsure of the obscenity standards maintained by this site.
http://www.realclimate.org/ Not exact matches
Instead, it adopted the well - known definition of obscenity, «whether to the average person, applying contemporary community standards, the dominant theme of the material taken as a whole appeals to prurient interest.»
The policy will prohibit use of PayPal for the sale of e-books that contain child pornography, or e-books with text and obscene images of rape, bestiality or incest (as defined by the U.S. legal standard for obscenity: material that appeals to the prurient interest, depicts sexual conduct in a patently offensive way, and lacks serious literary, artistic, political or scientific value),» said Anuj Nayar, director of communications for the eBay - owned payment site.
At the blog Techdirt, Mike Masnick says that if obscenity is supposed to be judged based on community standards, then removing Kozinski does not seem right.
Qwest's Baer drew an analogy to the legal standard for judging obscenity: «We know value when we see it.»
The test for obscenity is whether to the average person, applying contemporary community standards, the dominant theme of the material, taken as a whole, appeals to prurient interest.
«This fits the standard that Potter Stewart articulated when he said «I know it when I see it,»» he said, invoking the late Justice Stewart's definition of obscenity.
Thus, we might conclude that juries are best suited to determine obscenity vel non, and that jury verdicts in this area should not be set aside except in cases of extreme departure from prevailing standards.
It has been suggested that the «contemporary community standards» aspect of the Roth test implies a determination of the constitutional question of obscenity in each case by the standards of the particular local community from which the case arises.
«This obligation — to reach an independent judgment in applying constitutional standards and criteria to constitutional issues that may be cast by lower courts «in the form of determinations of fact» — appears fully applicable to findings of obscenity by juries, trial courts, and administrative agencies.
But they do have a far keener understanding of the importance of free expression than do most government administrators or jurors, and they have had considerable experience in making value judgments of the type required by the constitutional standards for obscenity.