Missouri senator introduces measure on `hotel sex bash' in St. Louis County

St Louis Post-Dispatch ^

[FreedominJesusChrist]

Basically, the Free Speech Clause has never been interpreted to confer an absolute right. Although speech is constitutionally protected, government may adopt regulations to protect other societal interests. The scope of free speech depends on three variable: time, place, and manner. The scope of free speech also depends partly on where it is exercised. The U.S. Supreme Court has identified three places: the traditional public forum, a public forum disignated by the government, and the non-public forum.

Under English Common Law, the test of obscenity was defined as the tendency of the written matter to "deprave and corrupt those whose minds are open to such immoral influences, and into whose hands a publication of this sort may fall." In the United States, the issue of obscenity did not occupy much time for the national government. But the U.S. Supreme Court's occupation with the issue of obscenity began in the late 1950's. The Court has held the obscenity means more than basic vulgarity. TO be obscene, an expression must be erotic. Cohen v. California (1971) In 1985, the Court found it necessary to distinguish between lust, which it called a normal sexual response, and the categories of lasciviousness or prurient interest that involve a morbid interest in sex. Brockett v. Spokane (1985) If the activity of publication in question violates this rule above, it may be classified as 'obscenity' and by regulated by the local. Because of the Roth v. United States (1957) ruling, obscenity is not within the areas of constitutionally protected speech or press. Also, to be classified as obscenity the material or exhibition must meet three standards. 1)Whether the average person applying contemporary community standards, would find that the work, taken as a whole, appeals to prurient interest; 2)whether the work or exhibition depicts of describes, in a patently offensive way, sexual conduct specificially defined by the applicable state law; and 3)whether the work, taken as a whole, lacks "serious literary, artistic, political, or scientific value." To be classified as obscenity and be able to be regulated by the local government, the work or exhibition must meet all three of this criteria. Miller v. California (1973)

So the local government can indeed regulate obscenity and there are three established and very specific guidelines as to what qualifies as obscenity.

[FreedominJesusChrist]

See my post #101.

[Stone Mountain]

Where do rights come from?

They are usually decided on by the people in a position to enforce them. I assume you are talking about legal rights here...

[Stone Mountain]

Martin Scorcese and Willam Defoe are hardly unknowns the film would have still be seen and reviewed regardless.

It might have been reviewed, but I don't think anyone can deny that this movie got exposed to a vastly greater percentage of the populace because of the protests that were generated. In fact I doubt if any of us would remember or have even heard of this movie if not for the protests. Just like I never would have heard about this S&M convention without this senator's help.

[Stone Mountain]

Thanks, now that you mention it, I do remember reading that standard before. Of course with the internet and other mass communications, the idea that there is a "comtemporary community standard" is slowly becoming defunct. You amended your statement to "localgovernment can regulate obscenity" and that is true to a degree. If the senator can actually meet the criterion of those three standards, he may actually be able to shut the convention down. I doubt that he will be able to do it though... and in the mean time, he is giving the convention millions of dollars in publicity it never would have gotten otherwise. I'm sure the organizers are thinking that this is the best thing that could have happened to them.

[weegee]

You need to ask this of legislators that seek to provide same sex partner benefits in states that do not even permit same sex acts to be performed.

[weegee]

"It would be discriminatory against handicapped people."

Need to hang one of these off the male appendage to conjugate in another position:

[writmeister]

The Last Temptation of Christ would have been an anonymous failure of a movie if it hadn't been protested and picketed by those who didn't want it to be seen...

Agreed. BTW, I saw this movie and was confused. So, I tried to read the book, but it was terminally boring.