Obscenity, Miller,And the Future of Public Discourse on the Intemet John Tehranian University of Utah, S.J
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Why Miller V. California╎s Local Community
Liberty University Law Review Volume 6 Issue 2 Article 7 December 2012 The “Virtual” Network: Why Miller v. California’s Local Community Standard Should Remain Unchanged in the Wake of the Ninth Circuit’s Kilbride Decision Tim K. Boone Follow this and additional works at: https://digitalcommons.liberty.edu/lu_law_review Recommended Citation Boone, Tim K. (2012) "The “Virtual” Network: Why Miller v. California’s Local Community Standard Should Remain Unchanged in the Wake of the Ninth Circuit’s Kilbride Decision," Liberty University Law Review: Vol. 6 : Iss. 2 , Article 7. Available at: https://digitalcommons.liberty.edu/lu_law_review/vol6/iss2/7 This Article is brought to you for free and open access by the Liberty University School of Law at Scholars Crossing. It has been accepted for inclusion in Liberty University Law Review by an authorized editor of Scholars Crossing. For more information, please contact [email protected]. COMMENT THE "VIRTUAL" NETWORK: WHY MILLER V. CALIFORNIA'S LOCAL COMMUNITY STANDARD SHOULD REMAIN UNCHANGED IN THE WAKE OF THE NINTH CIRCUIT'S KILBRIDE DECISION Tim K. Boonet I. INTRODUCTION "I know it when I see it."' The famous words of Justice Potter Stewart continue to carry significant meaning in the context of obscenity law. His position on obscenity aptly described many Supreme Court Justices' views on the topic in the 1960s and sums up the problems that obscenity law still encounters today. The Court developed a somewhat vague, but workable, standard in the landmark 1973 case of Miller v. California.' In Miller, the Court developed a three-pronged test to determine whether material was obscene and thus unprotected by the First Amendment.' An important aspect of this test called for juries to determine whether material was obscene using a local community standard-that is, juries considered whether their local community would find particular material obscene. -
China Media Bulletin
Issue No. 130: October 2018 CHINA MEDIA BULLETIN Headlines ANALYSIS Amid U.S.-China Tension, Beijing’s Propaganda Machine Charges On P2 IN THE NEWS • New rules and innovation enhance police surveillance P4 • Xinjiang crackdown: Writers jailed, foreign investment questioned, state responds to outcry P5 • Censorship updates: Online religious content, foreign television, VPN crackdown P7 • Hong Kong: Expulsion of ‘Financial Times’ editor undermines press freedom P8 • Beyond China: Africa influence, US campuses, CCTV heckler, Malaysia Uighurs, motherboard chips P8 FEATURED PUSHBACK #MeToo Movement P10 WHAT TO WATCH FOR P11 TAKE ACTION P12 IMAGE OF THE MONTH Skeletons in the Communist Party’s closet This seemingly innocuous image was shared 12,000 times on Sina Weibo within 11 hours on September 23 before being deleted by censors. The caption accompanying the image said it portrayed a caving expedition in Guilin, Guangxi Province, that discovered the skeletons of 93 people who were killed at the height of the Cultural Revolution: “From October 2 to 3, 1967 … the militia battalion commander of Sanjiang Commune … pushed 93 local rich people into the bottomless sinkhole…. One of the big landlord families had a total of 76 people, young and old; all were all pushed into the pit, including married daughters and their children. The youngest one is less than one year old and the oldest is 65 years old.” Credit: Weiboscope Visit http://freedomhou.se/cmb_signup or email [email protected] to subscribe or submit items. CHINA MEDIA BULLETIN: OCTOBER 2018 ANALYSIS Amid U.S.-China Tension, Beijing’s Propaganda Machine Charges On By Sarah Cook The regime’s recent media interventions may have unintended consequences. -
Risky Speech at the Intersection of Meaning and Value in First Amendment Jurisprudence
Loyola of Los Angeles Entertainment Law Review Volume 35 Number 2 Article 1 3-1-2015 Know Your Audience: Risky Speech At The Intersection Of Meaning And Value In First Amendment Jurisprudence Clay Calvert University of Florida Matthew D. Bunker The University of Alabama Follow this and additional works at: https://digitalcommons.lmu.edu/elr Part of the Law Commons Recommended Citation Clay Calvert and Matthew D. Bunker, Know Your Audience: Risky Speech At The Intersection Of Meaning And Value In First Amendment Jurisprudence, 35 Loy. L.A. Ent. L. Rev. 141 (2015). Available at: https://digitalcommons.lmu.edu/elr/vol35/iss2/1 This Article is brought to you for free and open access by the Law Reviews at Digital Commons @ Loyola Marymount University and Loyola Law School. It has been accepted for inclusion in Loyola of Los Angeles Entertainment Law Review by an authorized administrator of Digital Commons@Loyola Marymount University and Loyola Law School. For more information, please contact [email protected]. KNOW YOUR AUDIENCE (DO NOT DELETE) 7/2/2015 2:01 PM KNOW YOUR AUDIENCE: RISKY SPEECH AT THE INTERSECTION OF MEANING AND VALUE IN FIRST AMENDMENT JURISPRUDENCE Clay Calvert* and Matthew D. Bunker** Using the U.S. Supreme Court’s 2014 decision in Air Wisconsin Airlines Corp. v. Hoeper as an analytical springboard, this article examines the vast burdens placed on speakers in four realms of First Amendment law to correctly know their audiences, in advance of communication, if they want to receive constitutional protection. Specifically, the article asserts that speakers are freighted with accurately understanding both the meaning and the value audiences will ascribe to their messages, ex ante, in the areas of obscenity, intentional infliction of emotional distress, student speech, and true threats. -
Commentary on Larry Flynt's Role in the Free Speech Debate
Washington and Lee University School of Law Washington & Lee University School of Law Scholarly Commons Scholarly Articles Faculty Scholarship 2010 First Amendment Martyr, First Amendment Opportunist: Commentary on Larry Flynt's Role in the Free Speech Debate Rodney A. Smolla Furman University Follow this and additional works at: https://scholarlycommons.law.wlu.edu/wlufac Part of the First Amendment Commons Recommended Citation Rodney A. Smolla, First Amendment Martyr, First Amendment Opportunist: Commentary on Larry Flynt's Role in the Free Speech Debate, 9 First Amend. L. Rev. 1 (2010-2011). This Article is brought to you for free and open access by the Faculty Scholarship at Washington & Lee University School of Law Scholarly Commons. It has been accepted for inclusion in Scholarly Articles by an authorized administrator of Washington & Lee University School of Law Scholarly Commons. For more information, please contact [email protected]. +(,121/,1( Citation: 9 First Amend. L. Rev. 1 2010-2011 Content downloaded/printed from HeinOnline (http://heinonline.org) Fri Sep 13 12:46:54 2013 -- Your use of this HeinOnline PDF indicates your acceptance of HeinOnline's Terms and Conditions of the license agreement available at http://heinonline.org/HOL/License -- The search text of this PDF is generated from uncorrected OCR text. FIRST AMENDMENT MARTYR, FIRST AMENDMENT OPPORTUNIST: COMMENTARY ON LARRY FLYNT'S ROLE IN THE FREE SPEECH DEBATE* RODNEY A. SMOLLA Good afternoon and thanks for staying. I'll begin with a little story. If you watch the movie The People vs. Larry Flynt,' there's a fictional scene in the movie that I want to use as my theme. -
Supreme Court of the United States ------■
No. 09-215 ‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗ IN THE Supreme Court of the United States -----------■----------- TULANIA SIRENS FOOTBALL TEAM, Petitioner, v. BEN WYATT; THE CENTER FOR PEOPLE AGAINST SEXULIZATION OF WOMEN'S BODIES Respondent. -----------■----------- On Writ of Certiorari to the United States Court of Appeals for the Fourteenth Circuit -----------■----------- BRIEF FOR PETITIONER -----------■----------- Team 10 Attorney for Petitioner TABLE OF CONTENTS QUESTIONS PRESENTED……………………………………………………………………...vi TABLE OF CONTENTS……………………………………………………………………... ii, iii TABLE OF AUTHORITIES……………………………………………………………….......iv, v STATEMENT OF THE CASE……………………………………………………………………1 I. The Course of Proceedings Below……………………………………………………...1 II. Statement of Facts……………………………………………………………………1, 2 III. Statement of the Standard of Review…………………………………………………...2 SUMMARY OF ARGUMENT……………………………………………………………………2 ARGUMENT……………………………………………………………………………………...3 I. BECAUSE THE MASCOT FAILS TO SATISFY THE REQUIRED ELEMENTS FOR OBSCENE SPEECH, IT MUST RECEIVE FIRST AMENDMENT PROTECTION....................................……………………………………………….3 A. The Mascot Does Not Appeal To A SHamefuL Or Morbid Interest In Nudity Or Sex......................................................................................................................4 B. As A Matter Of Constitutional Law, The Mascot Does Not Depict Patently Offensive Hard-Core Sexual Conduct..................................................................7 C. The Mascot Does Not Lack Serious -
CIPA - Internet Safety Policy and Computer Acceptable Use Policy
CIPA - Internet Safety Policy and Computer Acceptable Use Policy Purpose This document is a System-wide policy that impacts all computers in the System that have Internet access. It is based on the Mission Statement of the Satilla Regional Library System (SRLS). The Internet is a diverse tool that offers unique resources to the community. It is increasingly essential to learning. It offers new freedoms and demands new responsibilities. SRLS provides access to the Internet as one means of fulfilling its mission to make informational, educational, and cultural resources available to its patrons in a variety of formats. Responsibilities of the Library It is the responsibility of SRLS to insure that policies governing Library use of the Internet are in compliance with federal, state, and local laws and regulations. Because the Internet is a fluid environment, the information available is constantly changing; therefore, it is impossible to predict with certainty what information patrons might locate. Just as the purchase, availability, and use of other Library materials does not indicate endorsement of their contents by the Library staff and board, neither does making electronic information available to patrons imply endorsement of that content. By using the Library's Internet service, users release and discharge the Library system and its staff from any liability which might arise from the use of the service, including liability in relation to defamatory or offensive material or any breach of copyright which may occur as a result of use. Responsibility of Patrons and Parents of Minors SRLS upholds and affirms the right of individuals to have access to constitutionally protected materials, and also affirms the right and responsibility of parents to determine and monitor their children's use of Library materials and resources. -
Hard-Core Pornography: a Proposal for a Per Se Rule
University of Michigan Journal of Law Reform Volume 21 Issues 1&2 1988 Hard-Core Pornography: A Proposal for a Per Se Rule Bruce A. Taylor Citizens for Decency Through Law, Inc. Follow this and additional works at: https://repository.law.umich.edu/mjlr Part of the First Amendment Commons, Law and Gender Commons, Legislation Commons, and the Supreme Court of the United States Commons Recommended Citation Bruce A. Taylor, Hard-Core Pornography: A Proposal for a Per Se Rule, 21 U. MICH. J. L. REFORM 255 (1988). Available at: https://repository.law.umich.edu/mjlr/vol21/iss1/9 This Symposium Article is brought to you for free and open access by the University of Michigan Journal of Law Reform at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in University of Michigan Journal of Law Reform by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. HARD-CORE PORNOGRAPHY: A PROPOSAL FOR A PER SE RULE Bruce A. Taylor* Public opinion polls reveal that many American people want the government to crack down harder on pornography and to restrict access to pornography that meets the legal standard of obscenity.1 The Supreme Court has repeatedly ruled that ob scenity is without first amendment protection.2 Why, then, does the problem of hard-core pornography persist? The Attorney General's Commission on Pornography concluded in 1986 that hard-core pornography flourishes in violation of existing laws due to "underinvestigation, underprosecution, and under sentencing. " 8 This Article suggests that those findings are mere symptoms of a more severe ailment. -
Volume 25, 2016 D Nott-Law Jnl25 Cover Nott-Law Cv 25/07/2016 13:18 Page 2
d_Nott-law jnl25_cover_Nott-Law_cv 25/07/2016 13:18 Page 1 N O T T I N In this issue: G H A M L Helen O’Nions A EDITORIAL W J O U R N A ARTICLES L How Many Contracts in an Auction Sale? James Brown and Mark Pawlowski NOTTINGHAM LAW JOURNAL The Legal Prospective Force of Constitutional Courts Decisions: Reflections from the Constitutional Jurisprudence of Kosovo and Beyond Visar Morina Journal of Nottingham Law School Don’t Take Away My Break-Away: Balancing Regulatory and Commercial Interests in Sport Simon Boyes The Creative Identity and Intellectual Property Janice Denoncourt THEMATIC ARTICLES: PERSPECTIVES ON THE ISLAMIC FACE VEIL Introduction Tom Lewis Articles S.A.S v France : A Reality Check Eva Brems Human Rights, Identity and the Legal Regulation of Dress Jill Marshall No Face Veils in Court Felicity Gerry QC Face Veils and the Law: A Critical Reflection Samantha Knights The Veiled Lodger – A Reflection on the Status of R v D Jeremy Robson Why the Veil Should be Repudiated* Yasmin Alibhai-Brown 2 0 1 6 *Extract from Refusing the Veil, 2014. Published with kind permission of Biteback V Publishing, London. O L U Continued on inside back cover M E T W E N Nottingham Law School T The Nottingham Trent University Y Burton Street F I V Nottingham E NG1 4BU England £30.00 Volume 25, 2016 d_Nott-law jnl25_cover_Nott-Law_cv 25/07/2016 13:18 Page 2 Continued from outside back cover Book Reviews E Brems (ed.) The Experiences of Face Veil Wearers in Europe and the Law Cambridge University Press, 2014 Amal Ali Jill Marshall Human Rights Law and Personal Identity Routledge, 2014 Tom Lewis CASE NOTES AND COMMENTARY Killing the Parasite in R v Jogee Catarina Sjolin-Knight Disputing the Indisputable: Genocide Denial and Freedom of Expression in Perinçek v Switzerland Luigi Daniele Innocent Dissemination: The Type of Knowledge Concerned in Shen, Solina Holly v SEEC Media Group Limited S.H. -
I No. 14-35095 in the UNITED STATES
No. 14-35095 IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT AMERICAN FREEDOM DEFENSE INITIATIVE; PAMELA GELLER; and ROBERT SPENCER Appellants, v. KING COUNTY Appellee, ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON CASE NO. 2:13-cv-01804-RAJ (HON. RICHARD A. JONES) PROPOSED AMICUS CURIAE BRIEF OF THE AMERICAN CIVIL LIBERTIES UNION OF WASHINGTON VENKAT BALASUBRAMANI SARAH A. DUNNE Focal PLLC Legal Director 800 Fifth Avenue Suite 4100 LA ROND M. BAKER Seattle, WA 98104-3100 Staff Attorney Telephone: (206) 529-4827 ACLU of Washington Foundation 901 Fifth Avenue Suite 630 Seattle, WA 98164 Telephone: (206) 624-2184 i CORPORATE DISCLOSURE STATEMENT Pursuant to FRAP 26.1, the American Civil Liberties Union of Washington certifies that it is a Washington non-profit corporation. It has no parent corporations, and no publicly held company owns 10 percent or more of its stock. ii STATEMENT OF COMPLIANCE WITH FED. R. APP. P. 29(C)(5) No party’s counsel authored this brief in whole or in part. No party or party’s counsel contributed money that was intended to fund preparing or submitting this brief. And no person other than the American Civil Liberties Union of Washington, its members, or its counsel contributed money that was intended to fund preparing or submitting this brief. iii TABLE OF CONTENTS CORPORATE DISCLOSURE STATEMENT .................................................... ii STATEMENT OF COMPLIANCE WITH FED. R. APP. P. 29(C)(5) ............ iii I. INTRODUCTION ............................................................................................. 1 II. FACTUAL BACKGROUND ........................................................................... 2 III. PROCEDURAL BACKGROUND ............................................................... 3 IV. ARGUMENT .................................................................................................. 4 A. Viewpoint Discrimination is Offensive to the First Amendment in Both Designated and Limited Public Forums. -
Penamerica Principles Oncampus Freespeech
of speech curtailed, there is not, as some accounts have PEN!AMERICA! suggested, a pervasive “crisis” for free speech on campus. Unfortunately, respect for divergent viewpoints has PRINCIPLES! not been a consistent hallmark of recent debates on ma!ers of diversity and inclusion on campus. Though ON!CAMPUS! sometimes overblown or oversimplified, there have been many instances where free speech has been suppressed FREE!SPEECH or chilled, a pa!ern that is at risk of escalating absent concerted action. In some cases, students and univer- sity leaders alike have resorted to contorted and trou- The State of Free Speech on Campus bling formulations in trying to reconcile the principles One of the most talked-about free speech issues in the of free inquiry, inclusivity, and respect for all. There are United States has li"le to do with the First Amendment, also particular areas where legitimate efforts to enable the legislature, or the courts. A set of related controversies full participation on campus have inhibited speech. The and concerns have roiled college and university campuses, discourse also reveals, in certain quarters, a worrisome dis- pi"ing student activists against administrators, faculty, and, missiveness of considerations of free speech as the retort almost as o#en, against other students. The clashes, cen- of the powerful or a diversion from what some consider tering on the use of language, the treatment of minorities to be more pressing issues. Alongside that is evidence and women, and the space for divergent ideas, have shone of a passive, tacit indifference to the risk that increased a spotlight on fundamental questions regarding the role sensitivity to differences and offense—what some call “po- and purpose of the university in American society. -
The Golden Age of Porn: Nostalgia and History in Cinema Susanna Paasonen and Laura Saarenmaa
Pornification 19/7/07 10:56 am Page 23 –2– The Golden Age of Porn: Nostalgia and History in Cinema Susanna Paasonen and Laura Saarenmaa The mainstreaming of pornography is indebted to the success of feature-length hardcore films of the 1970s. Shot on 35 mm film, productions such as Deep Throat (1972), Behind the Green Door (1972), The Devil in Miss Jones (1973), The Opening of Misty Beethoven (1976) and Debbie Does Dallas (1978) were widely screened both in the USA and internationally. These films have since been estab- lished as classics (Buscombe 2004: 30) and milestones in both scholarly and popular porn historiographies. While some identify the so-called ‘golden age of porn’ through North American legislation and as ranging from 1957 from 1973 (Lane 2000: 22–3), it was in the 1970s and early 1980s that porn shifted towards the mainstream. In a trend titled by the New York Times as porno chic, pornography became fashionable, gained mainstream publicity and popularity (McNair 2002: 62–3; Schaefer 2004: 371; Wyatt 1999). During the past decade, this golden age has been reminisced in films such as People Vs. Larry Flynt (1996), Boogie Nights (1997) and Rated X (2000), numerous documentaries – including the critically acclaimed Inside Deep Throat (2005) – and books.1 This body of popular porn historiography depicts the decade as one of quality films with real stories, personal performers and talented directors, in contrast to the 1980s of video distribution, inflation of the porn industry, rise of AIDS and conservative backlash. With notable exceptions such as the French Le pornographe (2001) and the Spanish–Danish co-production Torremolinos 73 (2003), European histories have not been reminisced to the same degree. -
Haarscher, Guy Publicado
Perelman, the use of the “pseudo-argument” and human rights Autor(es): Haarscher, Guy Publicado por: Imprensa da Universidade de Coimbra URL persistente: URI:http://hdl.handle.net/10316.2/32028 DOI: DOI:http://dx.doi.org/10.14195/978-989-26-0498-5_17 Accessed : 24-Sep-2021 17:10:17 A navegação consulta e descarregamento dos títulos inseridos nas Bibliotecas Digitais UC Digitalis, UC Pombalina e UC Impactum, pressupõem a aceitação plena e sem reservas dos Termos e Condições de Uso destas Bibliotecas Digitais, disponíveis em https://digitalis.uc.pt/pt-pt/termos. Conforme exposto nos referidos Termos e Condições de Uso, o descarregamento de títulos de acesso restrito requer uma licença válida de autorização devendo o utilizador aceder ao(s) documento(s) a partir de um endereço de IP da instituição detentora da supramencionada licença. Ao utilizador é apenas permitido o descarregamento para uso pessoal, pelo que o emprego do(s) título(s) descarregado(s) para outro fim, designadamente comercial, carece de autorização do respetivo autor ou editor da obra. Na medida em que todas as obras da UC Digitalis se encontram protegidas pelo Código do Direito de Autor e Direitos Conexos e demais legislação aplicável, toda a cópia, parcial ou total, deste documento, nos casos em que é legalmente admitida, deverá conter ou fazer-se acompanhar por este aviso. pombalina.uc.pt digitalis.uc.pt RHETORIC AND ARGUMENTATION IN THE BEGINNING OF XXI AND ARGUMENTATION RHETORIC THE EDITOR THE BOOK Henrique Jales Ribeiro is Associate Professor at the Faculty This book is the edition of the Proceedings of the International of Letters of the University of Coimbra (Portugal), where, Colloquium “Rhetoric and Argumentation in the Beginning of the presently, he teaches Logic, Argumentation Theories, and a XXIst Century” which was held at the Faculty of Letters of the post graduate seminary on the Logic of the Sciences.