Potter Stewart Standard
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Potter Stewart Standard
The phrase "I know it when I see it" is a colloquial expression by which a speaker attempts to categorize an observable fact or event, although the category is subjective or lacks clearly defined parameters. The phrase was used in 1964 by United States Supreme Court Justice Potter Stewart to describe his threshold test for obscenity in '' Jacobellis v. Ohio''. In explaining why the material at issue in the case was not obscene under the Roth test, and therefore was protected speech that could not be censored, Stewart wrote: The expression became one of the best-known phrases in the history of the Supreme Court. Though "I know it when I see it" is widely cited as Stewart's test for "obscenity", he did not use the word "obscenity" himself in his short concurrence, but stated that he knew what fitted the "shorthand description" of "hard-core pornography" when he saw it. Stewart's "I know it when I see it" standard was praised as "realistic and gallant" and an example of candor. It ...
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Phrase
In syntax and grammar, a phrase is a group of words or singular word acting as a grammatical unit. For instance, the English expression "the very happy squirrel" is a noun phrase which contains the adjective phrase "very happy". Phrases can consist of a single word or a complete sentence. In theoretical linguistics, phrases are often analyzed as units of syntactic structure such as a constituent. Common and technical use There is a difference between the common use of the term ''phrase'' and its technical use in linguistics. In common usage, a phrase is usually a group of words with some special idiomatic meaning or other significance, such as "all rights reserved", "economical with the truth", "kick the bucket", and the like. It may be a euphemism, a saying or proverb, a fixed expression, a figure of speech, etc.. In linguistics, these are known as phrasemes. In theories of syntax, a phrase is any group of words, or sometimes a single word, which plays a particular role within ...
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Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ...
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United States Obscenity Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ...
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Epistemology
Epistemology (; ), or the theory of knowledge, is the branch of philosophy concerned with knowledge. Epistemology is considered a major subfield of philosophy, along with other major subfields such as ethics, logic, and metaphysics. Epistemologists study the nature, origin, and scope of knowledge, epistemic justification, the rationality of belief, and various related issues. Debates in epistemology are generally clustered around four core areas: # The philosophical analysis of the nature of knowledge and the conditions required for a belief to constitute knowledge, such as truth and justification # Potential sources of knowledge and justified belief, such as perception, reason, memory, and testimony # The structure of a body of knowledge or justified belief, including whether all justified beliefs must be derived from justified foundational beliefs or whether justification requires only a coherent set of beliefs # Philosophical skepticism, which questions the possibili ...
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Miller Test
The Miller test, also called the three-prong obscenity test, is the United States Supreme Court's test for determining whether speech or expression can be labeled obscene, in which case it is not protected by the First Amendment to the United States Constitution and can be prohibited. History and details The Miller test was developed in the 1973 case ''Miller v. California''. It has three parts: *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 or describes, in a patently offensive way, sexual conduct or excretory functions 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''- eriousLiterary, Artistic, Political, Scientific. The work is considered obscene only if ''all three'' conditions are satisfied. The first two ...
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Miller V
A miller is a person who operates a mill, a machine to grind a grain (for example corn or wheat) to make flour. Milling is among the oldest of human occupations. "Miller", "Milne" and other variants are common surnames, as are their equivalents in other languages around the world (" Melnyk" in Russian, Belorussian & Ukrainian, " Meunier" in French, " Müller" or "Mueller" in German, "Mulder" and "Molenaar" in Dutch, "Molnár" in Hungarian, "Molinero" in Spanish, "Molinaro" or "Molinari" in Italian etc.). Milling existed in hunter-gatherer communities, and later millers were important to the development of agriculture. The materials ground by millers are often foodstuffs and particularly grain. The physical grinding of the food allows for the easier digestion of its nutrients and saves wear on the teeth. Non-food substances needed in a fine, powdered form, such as building materials, may be processed by a miller. Quern-stone The most basic tool for a miller was the quern ...
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Value (ethics)
In ethics and social sciences, value denotes the degree of importance of something or action, with the aim of determining which actions are best to do or what way is best to live (normative ethics in ethics), or to describe the significance of different actions. Value systems are prospective and prescriptive beliefs; they affect the ethical behavior of a person or are the basis of their intentional activities. Often primary values are strong and secondary values are suitable for changes. What makes an action valuable may in turn depend on the ethical values of the objects it increases, decreases, or alters. An object with "ethic value" may be termed an "ethic or philosophic good" (noun sense). Values can be defined as broad preferences concerning appropriate courses of actions or outcomes. As such, values reflect a person's sense of right and wrong or what "ought" to be. "Equal rights for all", "Excellence deserves admiration", and "People should be treated with respect and dignit ...
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Memoirs V
A memoir (; , ) is any nonfiction narrative writing based in the author's personal memories. The assertions made in the work are thus understood to be factual. While memoir has historically been defined as a subcategory of biography or autobiography since the late 20th century, the genre is differentiated in form, presenting a narrowed focus. A biography or autobiography tells the story "of a life", while a memoir often tells the story of a particular event or time, such as touchstone moments and turning points from the author's life. The author of a memoir may be referred to as a memoirist or a memorialist. Early memoirs Memoirs have been written since the ancient times, as shown by Julius Caesar's ''Commentarii de Bello Gallico'', also known as ''Commentaries on the Gallic Wars''. In the work, Caesar describes the battles that took place during the nine years that he spent fighting local armies in the Gallic Wars. His second memoir, ''Commentarii de Bello Civili'' (or ''Comme ...
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The Lovers (1958 Film)
''The Lovers'' (french: Les amants) is a 1958 French drama film directed by Louis Malle which stars Jeanne Moreau, Alain Cuny, and Jean-Marc Bory. Based on the posthumously-published 1876 short story ''Point de Lendemain'' by Dominique Vivant (1747-1825), the film concerns a woman involved in adultery who rediscovers human love. ''The Lovers'' was Malle's second feature film, made when he was 25 years old. The film was a box-office hit in France when released theatrically, gaining 2,594,160 admissions in France alone. The film was highly controversial when released in the United States for its depiction of allegedly obscene material. At the 1958 Venice Film Festival, the film won the Special Jury Prize and was nominated for the Golden Lion. Plot Jeanne Tournier (Moreau) lives with her husband Henri (Alain Cuny) and young daughter, Catherine, in a mansion near Dijon. Her emotionally remote husband is a busy newspaper owner who has little time for his wife, except when he chooses to ...
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Louis Malle
Louis Marie Malle (; 30 October 1932 – 23 November 1995) was a French film director, screenwriter, and producer who worked in both Cinema of France, French cinema and Cinema of the United States, Hollywood. Described as "eclectic" and "a filmmaker difficult to pin down," Malle's filmography encompassed a variety genres ranging from documentaries, to romances, to period dramas, and thrillers; often detailing provocative or controversial subject matter. His most famous works include the crime thriller ''Elevator to the Gallows'' (1958), the romantic drama ''The Lovers (1958 film), The Lovers'' (1958), the World War II drama ''Lacombe, Lucien'' (1974), the period drama ''Pretty Baby (1978 film), Pretty Baby'' (1978), the romantic crime film ''Atlantic City (1980 film), Atlantic City'' (1980), the dramedy ''My Dinner with Andre'' (1981), and the autobiographical ''Au revoir les enfants'' (1987). He also co-directed the landmark underwater documentary ''The Silent World'' with Ja ...
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Justice Potter Stewart
Potter Stewart (January 23, 1915 – December 7, 1985) was an American lawyer and judge who served as an Associate Justice of the United States Supreme Court from 1958 to 1981. During his tenure, he made major contributions to, among other areas, criminal justice reform, civil rights, access to the courts, and Fourth Amendment jurisprudence. After graduating from Yale Law School in 1941, Stewart served in World War II as a member of the United States Navy Reserve. After the war, he practiced law and served on the Cincinnati city council. In 1954, President Dwight D. Eisenhower appointed Stewart to a judgeship on the U.S. Court of Appeals for the Sixth Circuit. In 1958, Eisenhower nominated Stewart to succeed retiring Associate Justice Harold Hitz Burton, and Stewart won Senate confirmation afterwards. He was frequently in the minority during the Warren Court but emerged as a centrist swing vote on the Burger Court. Stewart retired in 1981 and was succeeded by the first female Uni ...
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United States V
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ...
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