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Essay / Research Paper Abstract
A 4 page research paper that, first of all, discusses the Supreme Court's Miller test for obscenity and then discusses how the application of Miller differs with localities. The writer focuses on the difference between Oklahoma City and Miami, and also discuses a case that involves Western Pennsylvania, with attitudes in Las Vegas. Bibliography lists 6 sources.
Page Count:
4 pages (~225 words per page)
File: D0_khobscom.rtf
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Unformatted sample text from the term paper:
obscene. Rather, in Miller v. California, the Court formulated a three prong obscenity test, the first requirement of which is whether or not an "average person, applying contemporary community
standards, would find the work, taken as a whole, appeal to the prurient interest" (Laveli 353). The second requirement deals with whether or not the work describes, "in a patently
offensive way," sexual conduct that is specifically outlined by "applicable state law" (Laveli 353). The final and third prong of the Miller test indicates that a work has to
lack "literary, artistic, political or scientific value" in order to be considered obscene. In giving the majority opinion on Miller, Chief Justice Burger stated that it should be "community standards,"
as defined "locally rather than nationally" that should determine standards of obscenity, as this would avoid imposing the views of people in "Las Vegas or New York City" on people
of "Maine or Mississippi" (Rosen 79). As this indicates, various parts of the country can have very different views on what constitutes obscenity and applications of the Miller test illustrate
this. For example, in Oklahoma City, Oklahoma, Americas heartland, people believe in adhering to the letter of the law, as well as its spirit. Volker Schlondorfs film The
Tin Drum, was a co-winner of the Cannes Film Festivals coveted prize, the Palme dOr, for Best Picture in 1979, and the next year, it won the Academy Award for
Best Foreign Film (Oliver 50). It is widely regarded internationally as a classic film and in cities such as New York, it is undoubtedly studied in film classes (Oliver 50).
But what is true for New York is not true for Oklahoma City where if someone possesses a videotape of this film, they risk a jail sentence because a court
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