rules that don’t rule…
April 10, 2006, 6:25 pm
Filed under: Uncategorized

Lectures 25,26,and 27 cover different aspects of obsenity and the laws that surround it over the course of time in America. There are many different court cases talked about, all that have different rulings on material that is thought to obscene by someone. To make rulings on what is obscene and what is not use test like Hickin rule, to validate the Comstock Law(1873) The Hickin rule is when materials that can “deprave and corrupt those whose minds are open to such immoral influences and into whose hands it might fall.” This is not very structured , and I am not sure that it really defines what they are looking for. These open minds can belong to anyone, and there is no way of knowing who has mental issues and will talk your expression as obscene even if it is not intended to be that way. There should be more limitations and explanations as to who needs to protected and what are the limits to what is obscene.
If you do not know what the laws are or you do not interpret the laws the same way because they are so vague then you are liable to not produce materials that might be considered to be inapproiate. I think that more than anything prosecuting people for obsenity in examples like throughout the mail, for sending things to other states, and for art displays really is to scare other people into not doing it because they will be unsure if they are within these sliding values of obsenity.
The Miller Test when I first looked at it seemed to be a better representation of rules for obsenity that are more realistic and better defined. After watching the lectures I found that the Miller Test is really just a better view of the Roth-Memoirs. Miller Test does go into more detail about standards that have to be met, but in the same breath they are community standards. So now you have to know the laws, and community standards and what the average person thinks about these values. And after that if you still have time to produce somethings that is obscene its probably out of anger for the system.


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