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While indecent material might be frowned upon it is constitutionally protected, as where obscene material (also classified as having no social value) is not. This distinction was first made in the early 1940s in the Chaplinsky case.
Chaplinsky was a Jehovah' s Witness, and one day while doing some face-to-face confrontations as part of his religious practices, an angry crowd formed... displayed 300 characters
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When an officer stepped in to break it up, Chaplinsky called him a "God-dammed racketeer" and a "dammed fascist". After a conviction in a lower court for offensive speech, and an affirming decision by the Supreme Court, the fighting words doctrine was born. It is worth noting that the fighting words doctrine has not been extended to written works... displayed next 300 characters
Cohan was convicted on a California law that prohibited "maliciously and willfully disturbing the peace or quite of any neighborhood or person?by?offensive conduct...
All though these examples are valid motivations for censorship, initiating these steps would unveil a censorship disaster. It is my view that this action would cause a national uprise of interests groups, as well as the individual, demanding that every division of published information be censored...
Something, such as a word, act, or expression, that is indecent or lewd.
4. Something that is offensive or repulsive to the senses: "What had once been a gentle hill covered with lush grass turned into a brown obscenity of bare earth and smoke" (Tom Clancy)...
Her opinion is that with porn having the ability to flaunt itself openly to the general public without the filtering of degrading explicit content, it just throws itself in the face of the public...
They stated that "obscene material is not protected by the First Amendment." This was a unique case that the Supreme Court encountered at the time, thus, they created the Miller Test for determining what was considered obscene...
These manifestations are more commonly seen in the literary form; speech; motion picture; artistic work; and now internet pornography.
In determining whether a book is obscene, the Miller test tells us that the material must be considered as a whole and not judged by its vulgar and indecent paragraphs alone...
