Posted on April 5th,by essay It is known that the debates concerning obscenity take a special place in the American society as they are conducted in social, legal and political spheres. Nevertheless, this issue requires certain actions to be implemented by the governmental agencies in order to change current obscenity laws which are not strict enough.
Hire Writer Nevertheless, governments and state supreme courts have the authority to specify materials to be categorized as offensive.
Community standards have been interpreted to means state standards in many courts Cohen, This is due to the assertion that individual communities do not have the legal mandate to create laws regulating obscene or erotic materials. Although this definition has been commonly appreciated as a reliable measure of obscenity, community standards are not an appropriate way to measure obscenity.
The laws of a nation should be clear and highly responsive in dictating for order in the community. With this in mind, terming community standards as those of the local region communities negates the applicability of the laws in other communities.
In other words, such a definition of community standards contradicts the equal opportunity clause of the civil rights bill in the constitution. In addition, the war on obscenity cannot be effectively fought without having a unified law.
According Sexually explicit communication paper available information, different states have different laws defining obscenity. This has the implication that the trier of the facts should be well equipped with the underlying legal and cultural aspects of the local community.
Therefore, the definition of community standards should be given a broader view to encompass national community values and expectations as the basis of conducting the Miller test. Many states have implemented laws dictating for use of particular zones to access or express obscenity. However, these zoning laws vary from state to state.
As an example, the law in Seattle allows for the location of obscene material showing theaters within a small area in the downtown. According to this law, adult theaters should be spaced not closer than 1, feet from each other or from other related businesses.
Timing as a stool for regulating expression of obscene and erotic materials by legislators entails provisions on the appropriate time such materials can be sold or expressed.
Due to this reason, existing regulations on theaters only allow such activities to be conducted during non-working hours; the night. These statutes allows the governments to enact legislations that define legal obscene material that can be distributed and sold to adults only and those which can be accessed by juveniles.
There are numerous federal regulations to control obscenity. This Act prohibits against any act, photo, videotape or film that depicts children engaged in sexually explicit activities.
In its definition, the law prohibits even electronic generated obscene materials involving children. Child Internet Pornography Act on the other hand criminalizes websites engaged in expressing or promoting child pornography.
Organized crime groups have been blamed for the production and distribution of obscene materials in the nation. This prompted the formulation and enactment of the federal Racketeering Influence and Corrupt Organizations Act Cohen, In addition to federal laws, the federal government employs postal and film censorship to control obscenity.
The federal government has given the US Postal Service authority to mitigate the use of postal mails by distributors of obscene materials such as magazine sellers and sexually explicit book distributions Cohen, In addition, the law also allows postal patrons to contact the US Postal Services requiring for intervention against sending of such materials to them by the mailer.
The federal government has the authority to block the production of a film if such are found to contain obscene materials that are prohibited by the law.Below is an essay on "Explicit Communication" from Anti Essays, your source for research papers, essays, and term paper examples.
Explicit Communication Explicit communication has changed over the history of the United States of America (U.S.)/5(1). Sexually Explicit Communication Sexually explicit communication is another quandary for the American judicial system, because there must be a balance between protecting a citizen’s right to expression and a citizen’s right to not be subjugated to offending material.
Even though it is the responsibility of each state to control the regulation of obscene material, there are federal. Sexually Explicit Communication Sexually explicit communication is another quandary for the American judicial system, because there must be a balance between protecting a citizen’s right to expression and a citizen’s right to not be subjugated to offending material.
Large amounts of sexually explicit information can damage our society. The adults with concrete psychological problems connected with obscenity can become the offenders of the law. This paper critiques the regulation of current obscenity laws and touches upon the issues which are closely connected with sexual explicit communication.
“obscenity,” in this paper we’ll use the term “sexually explicit media” as a more neu- tral term and as a way of distinguishing more visually explicit sexual content from most mainstream sexual content that does not include depictions of genitals or gen-.
• Prepare a 1, to 1,word paper on either sexually explicit communication or fair trial. o Sexually Explicit Communication Paper Critique the regulation of current obscenity laws. Use both your text and outside research.