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Miller V. California
''Miller v. California'', 413 U.S. 15 (1973), was a landmark decision of the U.S. Supreme Court modifying its definition of obscenity from that of "utterly without socially redeeming value" to that which lacks "serious literary, artistic, political, or scientific value".. It is now referred to as the three-prong standard or the Miller test. Background In 1971, Marvin Miller, an owner/operator of a California mail-order business specializing in pornographic films and books, sent out a brochure advertising books and a film that graphically depicted sexual activity between men and women. The brochure used in the mailing contained graphic images from the books and the film. Five of the brochures were mailed to a restaurant in Newport Beach, California. The owner and his mother opened the envelope and seeing the brochures, called the police. Miller was arrested and charged with violating California Penal Code 311.2(a) which says in part, "Every person who knowingly sends or caus ...
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Lawyers' Edition
The ''United States Supreme Court Reports, Lawyers' Edition'', or ''Lawyers' Edition'' (L. Ed. and L. Ed. 2d in case citations) is an unofficial reporter of Supreme Court of the United States opinions. The ''Lawyers' Edition'' was established by the Lawyers Cooperative Publishing Company of Rochester, New York in 1882, and features coverage of Supreme Court decisions going back to 1790. The first ''Lawyers' Edition'' series corresponds to the official '' United States Reports'' from volume 1 to volume 351, whereas the second series contains cases starting from the official reporter volume 352. It is currently published by LexisNexis. The ''Lawyers' Edition'' differs from the official reporter in that the editors write headnotes and case summaries, as well as provide annotations to some cases, and decisions are published far in advance of the official reporter. As such, it is similar to West's unofficial '' Supreme Court Reporter'' (S. Ct.). ''Lawyers' Edition'' case report ...
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English Law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations and by-laws. In the absence of any statutory law, the common law with its principle of ''stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament. Not being a civil law system, it has no comprehensive codification. However, most of its criminal law has been codified from its common law ...
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Literature
Literature is any collection of written work, but it is also used more narrowly for writings specifically considered to be an art form, especially prose fiction, drama, and poetry. In recent centuries, the definition has expanded to include oral literature, much of which has been transcribed. Literature is a method of recording, preserving, and transmitting knowledge and entertainment, and can also have a social, psychological, spiritual, or political role. Literature, as an art form, can also include works in various non-fiction genres, such as biography, diaries, memoir, letters, and the essay. Within its broad definition, literature includes non-fictional books, articles or other printed information on a particular subject.''OED'' Etymologically, the term derives from Latin ''literatura/litteratura'' "learning, a writing, grammar," originally "writing formed with letters," from ''litera/littera'' "letter". In spite of this, the term has also been applied to spok ...
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State Law
State law refers to the law of a federated state, as distinguished from the law of the federation of which it is a part. It is used when the constituent components of a federation are themselves called states. Federations made up of provinces, cantons, or other units use analogous terms like provincial law or cantonal law. State law may refer to: * State law (Australia) * State law (Brazil) * State law (Germany) * State law (India) * State law (Mexico) * State law (Nigeria) *State law (United States) *State law (Venezuela) State law refers to the law of a federated state, as distinguished from the law of the federation of which it is a part. It is used when the constituent components of a federation are themselves called states. Federations made up of provinces, cant ...
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Work Of Art
A work of art, artwork, art piece, piece of art or art object is an artistic creation of aesthetic value. Except for "work of art", which may be used of any work regarded as art in its widest sense, including works from literature and music, these terms apply principally to tangible, physical forms of visual art: *An example of fine art, such as a painting or sculpture. *Objects in the decorative arts or applied arts that have been designed for aesthetic appeal, as well as any functional purpose, such as a piece of jewellery, many ceramics and much folk art. *An object created for principally or entirely functional, religious or other non-aesthetic reasons which has come to be appreciated as art (often later, or by cultural outsiders). *A non-ephemeral photograph or film. *A work of installation art or conceptual art. Used more broadly, the term is less commonly applied to: *A fine work of architecture or landscape design *A production of live performance, such ...
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Freedom Of Speech
Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recognised as a human right in the Universal Declaration of Human Rights and international human rights law by the United Nations. Many countries have constitutional law that protects free speech. Terms like ''free speech'', ''freedom of speech,'' and ''freedom of expression'' are used interchangeably in political discourse. However, in a legal sense, the freedom of expression includes any activity of seeking, receiving, and imparting information or ideas, regardless of the medium used. Article 19 of the UDHR states that "everyone shall have the right to hold opinions without interference" and "everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive, and impart information and ideas of all ki ...
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I Know It When I See It
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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Jacobellis V
The name Jacobellis may call to mind: *Jacobellis v. Ohio ''Jacobellis v. Ohio'', 378 U.S. 184 (1964), was a United States Supreme Court decision handed down in 1964 involving whether the state of Ohio could, consistent with the First Amendment, ban the showing of the Louis Malle film ''The Lovers'' ('' ..., a United States Supreme Court decision of 1964 on obscenity * Lindsey Jacobellis, a 2022 Olympic gold-medalist snowboarder {{Disambig ...
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Value System
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 d ...
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Community Standards
As a legal term in the United States, community standards arose from a test to determine whether material is or is not obscene as explicated in the 1957RA Supreme Court decision in the matter of Roth v. United States. In its 6–3 decision written by William J. Brennan, Jr., the court held that material being obscene depended upon "whether to the average person, applying contemporary community standards, the dominant theme of the material taken as a whole appeals to prurient interest." With its emphasis on the reaction of an average person rather than that of an especially susceptible person, the court rejected applying the Hicklin test as a means of determining whether material is obscene, and the ruling represented a liberalization of the nation's obscenity laws. The concept was further refined in the matter of Miller v. California in which the Court's adoption of the Miller test, also based upon community standards, had the opposite effect. Chief Justice Warren E. Burger, t ...
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Prurient
Ian Dominick Fernow is an American experimental musician, poet and multimedia artist. He is best known for extreme music released under the stage name Prurient, as well as numerous other aliases including Vatican Shadow and Rainforest Spiritual Enslavement. His first releases date back to 1998, the same year in which he founded the record label Hospital Productions. Life Fernow was born into a Roman Catholic household, and was raised in Madison, Wisconsin. He recounts his entrance into public school and his exposure to death metal and tape trading as early sources of musical interest. In particular, Fernow cites the death metal band Deicide's album '' Once upon the Cross'' as, "frightening ... A huge record for me, still to this day." Fernow has resided in Providence, New York City, Los Angeles, and Berlin, and runs the labels Hospital Productions and Bed of Nails. Career In his early work as Prurient, Fernow worked primarily with a microphone and amplifier, and sometim ...
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James Joyce
James Augustine Aloysius Joyce (2 February 1882 – 13 January 1941) was an Irish novelist, poet, and literary critic. He contributed to the Modernism, modernist avant-garde movement and is regarded as one of the most influential and important writers of the 20th century. Joyce's novel ''Ulysses (novel), Ulysses'' (1922) is a landmark in which the episodes of Homer's ''Odyssey'' are paralleled in a variety of literary styles, particularly Stream of consciousness (narrative mode), stream of consciousness. Other well-known works are the short-story collection ''Dubliners'' (1914), and the novels ''A Portrait of the Artist as a Young Man'' (1916) and ''Finnegans Wake'' (1939). His other writings include three books of poetry, a play, letters, and occasional journalism. Joyce was born in Dublin into a middle-class family. He attended the Jesuit Clongowes Wood College in County Kildare, then, briefly, the Christian Brothers-run O'Connell School. Despite the chaotic family life impose ...
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