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107 Sentences With "obscene materials"

How to use obscene materials in a sentence? Find typical usage patterns (collocations)/phrases/context for "obscene materials" and check conjugation/comparative form for "obscene materials". Mastering all the usages of "obscene materials" from sentence examples published by news publications.

Woodhull spent Election Day in jail, charged with sending obscene materials.
Nader also faces two counts of transporting child pornography and "obscene" materials.
They arrested Mapp and later convicted her for being in possession of obscene materials.
She is charged with four counts of distributing obscene materials to a minor, a felony.
Weiner this year pleaded guilty to one count of the transfer of obscene materials to a minor.
It made it illegal to send obscene materials, contraceptive methods, sex toys, erotica, and abortion information in the mail.
Weiner was sentenced to prison after he pleaded guilty to one count of the transfer of obscene materials to a minor.
Weiner was sentenced to prison after he pleaded guilty to one count of the transfer of obscene materials to a minor.
Japan's obscenity law is both severe and nebulous, harshly restricting the distribution, display, and sale of "obscene materials" but failing to define what, exactly, constitutes obscenity.
Anthony Weiner pleaded guilty Friday morning to sending obscene materials -- in the form of sexual texts -- to a minor and agreed to register as a sex offender.
Jared Michael Manuel was granted diversion three times for property crimes, then pleaded guilty in another county to electronic solicitation of, and transmitting obscene materials to, a child.
Lee Robert Moore, 38, of Church Hill, Maryland, pleaded guilty in March to enticement of a minor to engage in sexual activity and attempting to transfer obscene materials to a minor.
That same allegation is contained in the new indictment charging him with transportation of visual depictions of minors, as well as another count accusing him of importation or transportation of obscene materials.
Pohl was detained on Tuesday and charged with transferring obscene materials to a minor and attempting to entice a minor, the U.S. Attorney's Office for the Middle District of Florida said in a written statement.
Megumi Igarashi—also known as Rokudenashiko, or "bastard child"—gained international notoriety in 2014 after Japanese authorities seized a vulva-shaped kayak she had 3D printed and arrested her on charges of distributing obscene materials.
On Tuesday, police arrested Pittsburgh Pirates pitcher Felipe Vazquez on charges of computer pornography - solicitation of a child, and providing obscene materials to a minor, according to release from the Florida Department of Law Enforcement.
Former Congressman Anthony Weiner plead guilty Friday to charges of transferring obscene materials to a minor, a charge that carries a sentence of zero to 10 years of jail time, the New York Times reports.
In a statement on Monday, the Maricopa County attorney, Bill Montgomery, said the 19-and-a-half-year sentence involved two counts of molestation of a child and one count of furnishing obscene materials to a minor.
George Nader, a key witness in special counsel Robert Mueller's probe, has been charged in a new federal indictment with transporting a 33-year-old boy for sex two decades ago, child pornography and carrying obscene materials into the United States.
Ms. Droban said in an emailed statement on Tuesday that Mr. Simcox planned to appeal the sentence, which amounts to 17 years for each molestation charge, to run concurrently, and 2-and-a-half-years for the obscene materials charge.
Pittsburgh Pirates closer Felipe Vazquez was arrested on Tuesday on one count of computer pornography —solicitation of a child, and one count of providing obscene materials to a minor, according to a release from the Florida Department of Law Enforcement.
The plea also means prosecutors will not charge him for transportation for child pornography and obscene materials, nor will he face comparable charges in the Eastern District of New York, but he still faces campaign finance charges for donations to both Democrats and Republicans in Washington, D.C., federal court.
JK.1873 — The Comstock Laws — a collection of federal and state laws — ban birth control and the distribution of "obscene" materials in the U.S. 1921 — The invention of the first "bleep" machine, actually a switch that would play a phonograph instead of live broadcast, is invented after Vaudeville actress Olga Petrova appears on Newark radio station WJZ.
It's unsurprising that Stripe would suspend Gab's account due to NSFW content given its terms of service prohibits businesses related to adult content and services, citing "pornography and other obscene materials (including literature, imagery and other media); sites offering any sexually-related services such as prostitution, escorts, pay-per-view, adult live chat features" as examples of banned products and services from its systems.
The prosecution also displayed video evidence. Both Magnotta and Lin physically collapsed at separate times during the proceedings. On April 12, 2013, Magnotta was indicted on charges of first- degree murder, offering indignities to a human body, distributing obscene materials, using the postal service to distribute obscene materials, and criminal harassment.
Dōjin softs don't have such restrictions, but distribution of obscene materials can be punished under the Article 175 of the Penal Code of Japan.
Nitke v. Gonzalez, 413 F.Supp.2d 262 (S.D.N.Y. 2005) was a United States District Court for the Southern District of New York case regarding obscene materials published online.
Stanley v. Georgia, 394 U.S. 557 (1969), was a United States Supreme Court decision that helped to establish an implied "right to privacy" in U.S. law, in the form of mere possession of obscene materials. The Georgia home of Robert Eli Stanley, a suspected and previously convicted bookmaker, was searched by police with a federal warrant to seize betting paraphernalia. They found none, but instead seized three reels of pornographic material from a desk drawer in an upstairs bedroom, and later charged Mr. Stanley with the possession of obscene materials, a crime under Georgia law.
The First Amendment in the United States Constitution guarantees freedom of speech. However, this does not apply to obscene materials. The 1957 Supreme Court decision defined obscenity in order to implement censorship. The following criteria was established by Roth v.
Pagnattaro 219 Following this, the Hicklin test was endorsed by the U.S. Supreme Court in Rosen v. United States (1896) and was adhered to by American courts well into the twentieth century.de Grazia 12 In 1873, after the lobbying attempts of Anthony Comstock, head of New York Society for the Suppression of Vice, the U.S. Congress amended a pre-existing law and enacted the Comstock Act, which made it a crime to knowingly mail obscene materials or advertisements and information about obscene materials, abortion, or contraception.de Grazia 4 This act adopted the Hicklin test for deeming which materials would be considered obscene.
"ReLit Awards: Novel". Canadian Books and Authors. After his Bisexual Book Awards win, he was detained by the Canada Border Services Agency for several hours upon his return to Canada, under suspicion of importing obscene materials. He was later cleared without charges.
Brief biographies of 14 top lawyers in Canada. At 36 Linden was the second-youngest. Cases of note included R. v. Mikolasch, involving questionable police confiscation of obscene materials (Globe and Mail, December 16, 1967; Toronto Star, December 9, 1967), R. v.
Keating gained the nickname "Mr. Clean". pp. 264, 266. In 1964–65, Keating produced Perversion for Profit, a film featuring announcer George Putnam. It was a survey of then-available prurient and obscene materials, and asserted that pornography led to moral decay.
Some subsidiary components of this rule may permit private possession of obscene materials at one's home.Stanley v. Georgia, 394 U.S. 557 (1969). Additionally, the phrase "appeals to the prurient interest" is limited to appeals to a "shameful or morbid interest in sex".
330, 333, (D. Md., 1968). In 1984, the First Circuit overturned a conviction on the same offense. The defendant there had been arrested and the materials seized on a magistrate's order mentioning only "obscene materials" after federal agents followed him from Boston to Providence.
To simplify the analysis Justice John Sopinka divided potentially obscene materials into three categories: 1\. Explicit sex with violence; 2\. Explicit sex without violence, but which subjects participants to treatment that is degrading or dehumanizing; and 3\. Explicit sex without violence that is neither degrading nor dehumanizing.
The New York Court of Appeals overturned the conviction, finding the obscenity law unconstitutional under the First Amendment because the law was both underinclusive as to other films of dangerous activity, and overbroad as to its application to materials produced out-of-state and non-obscene materials.
Production and mere possession appears to be legal, however. U.S. prohibitions on distribution of sexual or obscene materials are in some doubt, having been ruled unconstitutional in United States v. Extreme Associates (a judgement which was overturned on appeal, December 2005). Similar restrictions apply in Germany (see above).
He would never recover the documents seized by postal inspectors looking for evidence of violations of the Comstock laws which forbid sending obscene materials through the mail. The legal struggle cost him considerable amounts of money as well as his job with the Post Office, and afterwards he left Chicago for New York.
189 and also extended "obscene materials" to cover photographic negatives.Williams (1965) p.75 Another criticism levelled at both Acts was that they failed to define "obscene" properly, relying on the old common law definition and giving no help to the judge or jury as to how to apply it properly.Harris (2006) p.
The first film was released in 2000. The series won the AVN Award for 'Best Oral-Themed Series' in 2003 and 2004. In October 2007, one of Gag Factor distributors, Five Star DVD, was found guilty by an Arizona jury of transporting obscene materials, including a Gag Factor title, across state lines.
Persons found disseminating obscene books, magazines, films, audio or video products, pictures, or other kinds of obscene materials, if the case is serious, may be sentenced up to 2 years in prison or put under criminal detention or surveillance. Persons organizing the broadcast of obscene motion pictures or other audio or video products may be sentenced up to 3 years in prison or put under criminal detention or surveillance, in addition to paying a fine. If the case is serious, they are to be sentenced to 3 years to 10 years in prison in addition to paying a fine. Broadcasting or showing obscene materials to those under the age of 18 is also illegal and has more severe punishments compared to distribution to those 18 or older.
California, involved the advertising and sale of obscene materials. All earlier cases were decided with the negative externality of obscenity in mind. They reasoned that members of the public, especially impressionable children, should have a valid expectation to not be inadvertently exposed to obscenity. Public display of obscenity was deemed an "important interest" in Roth.
The sisters were charged by district attorney Benjamin Tracy with sending obscene materials – her Beecher–Tilton pamphlet – through the U. S. Mail. They were held in Ludlow Street Jail, a federal prison in New York City, for the next six months. The indictments against them were finally dismissed. Copies of the Weekly exposé sold for as much as $40.
Associate Justice Byron White penned the Court's opinion reversing the district court and finding the postal regulation Constitutional. While individuals still retain a right to possess pornography, as the Court had found in Stanley v. Georgia, the government still had the power to regulate the distribution and sale of obscene materials, as it had found in Roth v. United States (1957).
Massachusetts which said that in order to be judged obscene, materials must be "utterly without redeeming social value." Miller argued that only a national standard for obscenity could be applied. The appellate division rejected the argument and affirmed the jury verdict. Miller then filed an appeal with the California Court of Appeal for the Third District, which declined to review.
Schoolkids Oz, which prompted the Oz obscenity trial. In 1971 the editors of Oz were tried for publishing obscene materials, specifically the Schoolkids Oz issue. Oz was an underground magazine with a circulation of 40,000 which aimed to challenge the "older generation's outdated beliefs and standards of behaviour and morality". For its 28th issue, 20 teenagers were invited to contribute and edit it.
"Where the purveyor's sole emphasis is on the sexually provocative aspects of his publications, that fact may be decisive in the determination of obscenity" In short, The Court decided that even non-obscene materials can support an obscenity conviction if the motives of sellers contain obscenityNeef, M., & Nagel, S. (1974). Judicial Behavior in Pornography Cases. J. Urb. L., 52, 1.
The officers confiscated the contents of his van, including Toetag promotional materials as well as copies of Mordum and the original August Underground, and shortly thereafter Vogel was arrested for smuggling obscene materials into Canada. While the Toetag merchandise was undergoing "further inspection" in Ottawa, Vogel was held in a Canadian customs jail. After roughly ten hours, he was released and charges were dropped.
Nevertheless, Clark addressed the concurring opinion's analysis. Clark, however, concluded that the legislative history of Section 1461 clearly permitted postmasters to refuse mailed materials which were known to be obscene.MANual Enterprises, 370 U.S. at 523 (Clark, J., dissenting). Since subsequent investigation by the Post Office Department had confirmed that the advertisers in the magazine sold obscene materials, the materials published by Womack could be seized.
The following year, Allen rebuilt the studio and called it the Classic Motion Picture Corporation, a venture that lasted two years before declaring bankruptcy. A motorcycle accident in 1923 left Allen permanently disabled, but he continued to work. His nude photographs were considered scandalous by American standards during the Roaring Twenties. He was indicted for sending obscene materials through interstate mail, and spent years in litigation.
In the 1990s Hampshire served one year in jail for the interstate transportation of obscene materials. In 2003, VCA was bought by Hustler Video, a subsidiary of Larry Flynt-owned Larry Flynt Publications. VCA maintains a separate identity within the LFP conglomerate. VCA distributed the 1998 documentary Wadd: The Life & Times of John C. Holmes, and in 2004 provided footage for the HBO documentary Pornucopia.
Marcus v. Search Warrant, 367 U.S. 717 (1961), full title Marcus v. Search Warrant of Property at 104 East Tenth Street, Kansas City, Missouri, is an in rem case decided by the United States Supreme Court on the seizure of obscene materials. The Court unanimously overturned a Missouri Supreme Court decision upholding the forfeiture of hundreds of magazines confiscated from a Kansas City wholesaler.
The 287th section of the Thai Penal Code makes it a criminal offence to produce, distribute or possess obscene materials for the purpose of trade. The maximum penalty is up to 3 years' imprisonment. Many types of pornography are prohibited in Thailand, but the law enforcement is relaxed and poorly enforces the prohibition. Some religious minorities may possess pornography for personal use legally because possession for personal use is legal.
In exchange, federal prosecutors dropped all other charges. Soloway faced up to 26 years in prison on the most serious charge, and up to $625,000 total in fines. On 22 July 2008 Robert Soloway was sentenced four years in federal prison. On June 25, 2007, two men were each convicted on eight counts including conspiracy, fraud, money laundering, and transportation of obscene materials in U.S. District Court in Phoenix, Arizona.
A wide variety of hentai merchandise is commonly sold in specialized stores in Japan. Japanese laws have impacted depictions of works since the Meiji Restoration, but these predate the common definition of hentai material. Since becoming law in 1907, Article 175 of the Criminal Code of Japan forbids the publication of obscene materials. Specifically, depictions of male–female sexual intercourse and pubic hair are considered obscene, but bare genitalia is not.
In 1892 she "served as acting editor of an anarchist free-thought weekly titled Lucifer, the Light-Bearer"Passett, 2006, p. 230. when its former editor Moses Harmon went to prison. Like other radical writers of the period, she was prosecuted under the Comstock Act that prohibited the sending of obscene materials through the U.S. mail. She was involved in public controversy, and was the subject of condemnation and ridicule, throughout her career.
Little Sisters Book and Art Emporium v Canada (Minister of Justice) [2000] 2 S.C.R. 1120, 2000 SCC 69 is a leading Supreme Court of Canada decision on freedom of expression and equality rights under the Canadian Charter of Rights and Freedoms. It was held that the Customs Act, which gave broad powers to customs inspectors to exclude "obscene" materials, violated the right to freedom of expression under section 2 but was justifiable under section 1.
The case involved a state statute that punished the publication of obscene materials. Obscene or lewd materials were defined by the law to include all materials that appeal to the prurient interest, among other things. "Prurient" was defined as material that incites lasciviousness or lust. The law was challenged as overbroad under the First Amendment because material that arouses only a "normal, healthy interest in sex" is constitutionally protected, but was banned by the law.
While traveling to Canada to attend the Rue Morgue Festival of Fear in Toronto, director and co-writer Fred Vogel was arrested, pending charges of transporting obscene materials into Canada, when copies of August Underground and its sequel were found by customs officials among the merchandise he had intended to bring to the convention. The charges were eventually dropped, after Vogel had spent roughly ten hours in customs prison, and his films were sent to Ottawa for further observation.
Regulatory forbearance. :Sec. 402. Biennial review of regulations; regulatory relief. :Sec. 403. Elimination of unnecessary Commission regulations and functions. Title V, "Obscenity and Violence": Outlines regulations regarding obscene programming on cable television, the scrambling of cable channels for nonsubscribers, the scrambling of sexually explicit adult video service programming, the cable operators' refusal to carry certain programs, coercion and enticement of minors, and online family empowerment, including a requirement for the manufacture of televisions that block programs using V-chip technology. Title V also gives a clarification of the current laws regarding communication of obscene materials through the use of a computer. :Sec. 501. Short title. :Sec. 502. Obscene or harassing use of telecommunications facilities under the Communications Act of 1934. :Sec. 503. Obscene programming on cable television. :Sec. 504. Scrambling of cable channels for nonsubscribers. :Sec. 505. Scrambling of sexually explicit adult video service programming. :Sec. 506. Cable operator refusal to carry certain programs. :Sec. 507. Clarification of current laws regarding communication of obscene materials through the use of computers. :Sec. 508. Coercion and enticement of minors. :Sec. 509.
Domestic air mail became obsolete in 1975, and international air mail in 1995, when the USPS began transporting First-Class mail by air on a routine basis. The Post Office was one of the first government departments to regulate obscene materials on a national basis. When the U.S. Congress passed the Comstock laws of 1873, it became illegal to send through the U.S. mail any material considered obscene or indecent, or which promoted abortion issues, birth control, or alcohol consumption.
Karen Fletcher of suburban Donora, Pennsylvania was indicted on six charges of distributing obscene materials over the Internet. The fictional texts featured detailed stories about the molesting, torture and sometimes gruesome murders of children under the age of 10, mostly girls. Unlike typical obscenity cases, though, Karen Fletcher was charged with violating the law through simple writing, and not with pictures or movies. Fletcher ran what was known as the "Red Rose" Web site, where she posted her fictional stories.
" Initially, there was unanimous agreement that the Ohio obscenity law was not in line with the First Amendment. However, when the argument was altered to focus on the Fourth Amendment by Justice Clark, only 5 justices decided that the evidence taken from Mapp's home, without a search warrant, was "illegally obtained." In addition, the materials the officers had found, Mapp pleaded, were her roommate's obscene materials and commented saying, "Look at what terrible things men read. Let’s put it away.
Although the first US copyright law specifically did not cover obscene materials, the provision was removed subsequently. Most pornographic works are theoretically work for hire meaning pornographic models do not receive statutory royalties for their performances. Of particular difficulty is the changing community attitudes of what is considered obscene, meaning that works could slip into and out of copyright protection based upon the prevailing standards of decency. This was not an issue with the copyright law up until 1972 when copyright protection required registration.
Gordon Lee was the owner of the comic book store Legends, which was based in Rome, Georgia.DA: Comic book case not over Lee was convicted on February 18, 1993 of "distributing obscene materials" for selling the pornographic comics Final Taboo and Debbie Does Dallas to adult customers. He was fined $1,000 and sentenced to 12 months; both were suspended on payment of $250. Lee made appeals to the court, but they were denied by the Georgia Court of Appeals and Georgia Supreme Court in 1994.
This advertisement caused such an uproar in Boston that many half-hearted denials by Boston printers were collected and printed by Mather's party. The phrase "banned in Boston", however, originated in the late 19th century at a time when American "moral crusader" Anthony Comstock began a campaign to suppress vice. He found widespread support in Boston, particularly among socially- prominent and influential officials. Comstock was also known as the proponent of the Comstock Act, which prevented "obscene" materials from being delivered by the U.S. mail.
Alabama (1940) concluded that the separability of constitutional and unconstitutional applications of statutes may not apply if their effect is to leave a statute capable of having many unconstitutional applications. Roth v. United States (1957) stated that obscene speech and writings are not protected under the constitution. Dean Milk Co. v. City of Madison, Wisconsin (1951) showed that a State’s power to restrict or prevent the distribution of obscene materials is not free from constitutional restrictions to any form of exercise of that power.
Little Sister's Book and Art Emporium, also known as Little Sister's Bookstore, but usually called "Little Sister's", is an independent bookstore in the Davie Village/West End neighbourhood of Vancouver, British Columbia, Canada, a predominantly gay community. The bookstore was opened in 1983 by Jim Deva and Bruce Smythe, and its current manager is Don Wilson. The bookstore is famous for being embroiled in a legal battle with the Canada Border Services Agency over the importation of what the agency has labeled "obscene materials"."A tale of two bookstores" . Xtra!, January 19, 2006.
Cutting raised the debate on the national level about the government's censorship powers. Via tariff bills dating back to the nineteenth century, the U.S. government, through the Customs Service, had to power to confiscate "obscene" materials arriving to the country. A tariff bill introduced in 1929 sought to expand this power by modifying Section 305 to prohibit printed materials suggesting treason or threatening the life of the President. Senator Cutting, inspired by the complaints of a constituent, opposed the change and attacked Section 305 in its entirety as "irrational, unsound, and un-American."N.
Utamaro's 1802 shunga woodblock print Embracing Komachi was among the works submitted as evidence by the defense. On October 1, police arrested Suwa, Kishi, and editor-in-chief Kōichi Takada on charges of distributing obscene materials in violation Article 175 of the Criminal Code of Japan. To avoid jail time, Suwa and Takada pled guilty, being fined ¥500,000 each (approximately US$4,700); Kishi chose to stand as a defendant. On January 13, 2004, the lower court sentenced Kishi to a one-year prison term, suspended for three years.
The Obscene Publications Act 1959 (c. 66) is an Act of Parliament of the United Kingdom Parliament that significantly reformed the law related to obscenity in England and Wales. Prior to the passage of the Act, the law on publishing obscene materials was governed by the common law case of R v Hicklin, which had no exceptions for artistic merit or the public good. During the 1950s, the Society of Authors formed a committee to recommend reform of the existing law, submitting a draft bill to the Home Office in February 1955.
The Act was found deficient in a variety of ways. Firstly, the test meant that "sting" operations where the police purchased "obscene" materials were not considered sufficient evidence of publication, since the police were not considered easy to "corrupt" due to their regular exposure to the materials.Williams (1965) p.73 It also meant that prosecutors often had to prove that purchasers were unaware of the obscene nature of material on sale prior to purchase, as those who actively sought out such material were deemed unlikely to be corrupted by it.
In the next term, the Court would use Quantity of Books to bolster its holding against a state film-licensing system in Freedman v. Maryland, as one of several in which it had held that only an adversary hearing prior to restraint sufficed to protect First Amendment rights.Freedman v. Maryland,, 58 (1965), Brennan, J. Two years later, the Southern District of New York relied on the case to hold a federal seizure of obscene materials from a New York City bookstore unconstitutional, since it too had been insufficiently reviewed in advance.
The next year, by contrast, Maryland district judge Roszel Cathcart Thomsen, hearing a bench trial of an man accused of transporting obscene materials across state lines, rejected his argument that the search of his vehicle which produced the two movies at issue had been unconstitutional under Quantity of Books. Thomsen distinguished the two cases with two factors: the Maryland one had involved materials stored in a vehicle rather than a warehouse, and, in it, the defendant was seeking merely to suppress them as evidence rather than contesting a forfeiture.United States v. Apple, 305 F.Supp.
The charges included conspiracy, fraud, money laundering, and transportation of obscene materials. The trial, which began on June 5, was the first to include charges under the CAN-SPAM Act of 2003, according to the Department of Justice. The specific law that prosecutors used under the CAN- Spam Act was designed to crack down on the transmission of pornography in spam. Two other men, Andrew D. Ellifson, 31, of Scottsdale, Arizona, and Kirk F. Rogers, 43, of Manhattan Beach, California, also pled guilty to charges under the CAN-SPAM Act related to this spamming operation.
United States obscenity law deals with the regulation or suppression of what is considered obscenity. In the United States, discussion of obscenity typically relates to pornography, as well as issues of freedom of speech and of the press, otherwise protected by the First Amendment to the Constitution of the United States. Issues of obscenity arise at federal and state levels. The States have a direct interest in public morality and have responsibility in relation to criminal law matters, including the punishment for the production and sale of obscene materials.
Sarah, a female college student, was arrested in 1992 on charges of producing and distributing obscene materials. His arrest was a classic cultural event that revealed aspects of the times, including freedom of expression and limits, the emergence of liberalism and the conflict of conservatism in the 1990s. He was dismissed from school in 1995 when the Supreme Court confirmed that he was sentenced to two years in prison and suspended execution. He returned to Yonsei University after receiving a special pardon in 1998, but after being disqualified in 2000, he changed his job.
Thus, either way, the Post Office Department's seizure of the magazines, its subsequent investigation of the advertisers, its discover of allegedly obscene materials at each advertiser's place of business, and additional outcomes of its investigation did not withstand constitutional or statutory scrutiny. Administrative censorship of the mail, Brennan concluded, was not in itself unconstitutional. A variety of means were at the government's disposal, including recently enacted provisions to return the items, deny the use of postal banks, refund of monies collected, and more. None of these remedies seize the materials or make a judgment about their obscene nature.
The Comic Legends Legal Defense Fund was begun by writer Derek McCulloch, Vancouver comics convention organizer Leonard S. Wong, student and community organizer Liz Schiller, and Paul Stockton of Strawberry Jam Comics to assist with the legal defense of Comic Legends, a Calgary, Alberta comic shop whose owners were charged with selling obscene materials. The CLLDF raised approximately $3000 to aid in the owners' defense, bringing Fantagraphics publisher Gary Groth to Calgary to testify as an expert witness in the trial. The trial ended with a conviction and a sentence totaling $3,000 in fines. The CLLDF supported an appeal.
The following month, she was arrested on a charge of "distributing obscene materials in order to corrupt the morals of society". The charges against her were dismissed by a judge in November 2009, but after M'membe published an op- ed piece from a Zambian lawyer living abroad in Kabwela's support, he was charged with contempt of court. He was convicted in June 2010 and sentenced to four months' hard labour. In July 2011, M'membe again faced a charge of contempt of court for defying a ban not to print "libelous" articles about presidential candidate (later president) Rupiah Banda.
These conversations are interrupted by the main event of the film, in which Viva and Waldon actually perform sexual acts in front of the camera. The film was seized by New York City Police for obscenity, and the theater manager, projectionist, and ticket-seller at the New Andy Warhol Garrick Theatre arrested for possession of obscene materials. Viva was on the phone with Andy Warhol when he was shot by Valerie Solanas in 1968.The Shot That Shattered The Velvet Underground Village Voice June 3, 1968 Following Solanas' attempt on Warhol's life, Viva developed a close, personal friendship with Warhol's mother, Julia Warhola.
On 16 October 2007, all obscenity charges against JM and Jeff Steward were dropped, due to lack of evidence that JM had sold the films to Five Star. Cast interviews demonstrating that actresses appearing in roles that simulated abuse or degradation did so willingly played a role in the acquittal. A Phoenix jury later found Five Star guilty of interstate transportation of obscene materials, due to it having posted Gag Factor 18 to an FBI agent in Virginia. JM is the distributor for Brandon Iron Productions, Khan Tusion's Pariah Pictures, Grip & Cram Johnson's Chatsworth Pictures, and FuckYouCash.com.
In March 1967, Polak was arrested when his home was raided by the police and over 75,000 gay books, photos, and magazines were seized. Polak was indicted by a grand jury, however, a judge threw out the case because one of the warrants was filled out incorrectly. In February 1969, Polak was arrested for a second time for distributing obscene materials and operating a peep show at one of his adult bookstores. In April 1969, Polak was found guilty and sentenced to two years in prison which was reduced to two months. Polak sent a letter to Drum’s subscribers in May explaining that the previous January issue was the magazine's last.
In the majority of cases below where cuts were made, they were scenes of real-life animal cruelty and/or excessive violence to women, both of which are still regarded with some degree of severity by the BBFC. A large number of these movies caused additional controversy with the cover art of the original big box releases seen in the video shops of the early 1980s. Unless noted otherwise, all films that have been released have been rated 18. The DPP list is divided into two sections: Section 2 and Section 3. Any title seized under Section 2 would make the dealer or distributor liable to prosecution for disseminating obscene materials.
It affords more protection than the right to privacy under the Federal Constitution. Like most rights, it is not unlimited, but state courts use the "compelling state interest" standard of review which looks at whether the government has a compelling interest for any actions implicating this right. For example, while individuals may possess obscene materials in their homes, there is no right to privacy to patronize retail establishments selling such material. The Florida Supreme Court has also decided that using one's real property in violation of legitimate environmental protection laws is not protected by this provision, as there is no reasonable expectation of privacy in such use.
R v Jorgensen, [1995] 4 S.C.R. 55 is a Supreme Court of Canada decision on the knowledge requirement for criminal offences. The Court held that the offence of "knowingly" selling obscene materials requires that the accused be aware that the dominant characteristic of the material was the exploitation of sex and that he knew of the specific acts which made material obscene. Where the accused has a suspicion of the dominant characteristics or specific acts of the material but decided not to make any further inquiries than the accused will be deemed to have known of the material's content. This decision confirms much of what was held in the earlier case of R. v. Sansregret.
Pita v. Court of Appeals, G.R. No. 80806, 5 October 1989, 163 SCRA 386, he wrote for the Court that any restraint on the publication of purportedly obscene materials must satisfy the clear and present danger test.Pita v. Court of Appeals, at "The Lawphil Project: Arellano Law Foundation" (Last visited, 2008-04-30) In Salaw v. NLRC, G.R. No. 90786, 27 September 1991, 202 SCRA 7, Sarmiento's opinion for the Court held that the dismissal of an employee in the private sector must be attended with procedural due process,Salaw v. NLRC, at "The Lawphil Project: Arellano Law Foundation" (Last visited, 2008-04-30) a ruling which has since been reversed by the Court.
The two most famous inmates of the Ludlow Street Jail were Victoria Woodhull and Boss Tweed.Ludlow Street Jail - Ephemeral New YorkObituary for William M. Tweed - The New York Times April 13, 1878 Woodhull was the first female candidate for President of the United States and she spent a month at the jail, including election night, accused of publishing obscene materials. William "Boss" Tweed was a local politician and head of Tammany Hall, the name given to the Democratic Party political machine that played a major role in New York City politics from the 1790s to the 1860s. After being arrested for bilking the city out of millions of dollars, Tweed jumped bail and was later apprehended in Spain.
Pornography is banned by the government in South Korea, with laws strictly enforced. The distribution, sale or display of obscene materials via the Internet can be punished with up to two years' imprisonment, although there is no penalty for watching or possessing Internet pornography, The exception is child pornography, the possession of which carries a maximum one-year prison sentence, and the maximum sentence for distributing, selling or displaying it for commercial purposes is ten years. Many foreign pornographic websites are blocked, and those found to be operating from within the country are shut down. The Korea Internet Safety Commission is responsible for instructing Internet service providers to block access to "pornography and nudity".
This opinion was based on the belief that if booksellers were to be criminally liable without knowledge of content, they would restrict the books they sold to those that they had personally inspected. This would inevitably decrease the number of books being sold, and thus a limitation of public access would be imposed by States on books that were not obscene as well as obscene material. The court also was of the opinion that the ordinance contained no acknowledgement of the scienter, which was necessary for one to be criminally liable for possessing obscene material. The court’s decision concluded that constitutional barriers may exist to restrict a State’s power to prevent distribution of obscene materials.
The business frequently donates books to organizations such as the Pride Library at the University of Western Ontario. Like its counterpart in Vancouver, Little Sister's, Glad Day's materials have been frequently confiscated by Canada Customs during importation as "obscene materials", culminating in the Ontario Superior Court of Justice case R. v. Glad Day Bookshops Inc. in 2003. During the COVID-19 pandemic in Canada, the store announced various plans to support LGBTQ artists and performers during the pandemic and the associated shutdown of most venues that they depend on for income, including a crowdfunded Emergency Survival Fund to provide loans and grants,Ryan Porter, "Glad Day Bookshop’s Emergency Survival Fund has topped $150,000 for LGBTQ2S+ community".
State laws operate only within the jurisdiction of each state, and there are a wide differences in such laws. The federal government is involved in the issue indirectly, by making it an offense to distribute obscene materials through the post, to broadcast them, as well as in relation to importation of such materials. Most obscenity cases in the United States in the past century have revolved around images and films, but there have also been many cases that dealt with textual works as well, a notable case being that of the 18th century novel Fanny Hill. Because censorship laws enacted to combat obscenity restrict some freedom of expression, crafting a legal definition of obscenity presents a civil liberties issue.
Petitioners were charged with several counts of transporting obscene materials in interstate commerce, and conspiracy to transport such materials. The conduct that gave rise to the charges covered a period through February 27, 1973, but the trial did not begin until the following October. In the interim, on June 21, 1973, the Supreme Court decided Miller v. California which announced new standards for isolating "hard core" pornography from expression protected by the First Amendment, the third test of which was "whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value".. Petitioners argued in the District Court that they were entitled to jury instructions not under Miller, but under the more favorable formulation of Memoirs v.
On 6 July Yee was sentenced to four weeks in jail, one week for posting obscene materials and three weeks for wounding the religious feelings of Christian in his video calling Lee Kuan Yew a "horrible person", with the sentences to be served consecutively. He was addressed directly by the judge Kaur who said that she hopes that Yee would "rethink long and hard his decision not to continue with formal education," before acknowledging that there are few dropout success stories. Yee was released immediately after his sentences were announced as they were backdated to 2 June when he was in remand (Yee was in remand for 50 days). Yee's demeanor when he was freed differed from his previous court appearances.
On May 9, 2017, Russ Baker and two co-authors posted a month-long independent investigation of the Weiner scandal in the investigative news site WhoWhatWhy; the report mentions Mensch's article and parallels or supports some of her conclusions. After national news outlets reported on May 19, 2017 that Weiner had pleaded guilty to transferring obscene materials to a minor, Mensch added some corrections to her February 14 article. On May 22, 2017, The Hill picked up and analyzed the WhoWhatWhy exposé, and the political blog JPCvoice, citing The Hill, subsequently noted further parallels to Mensch's original Patribotics article. Several news outlets and journalists, including Keith Olbermann, Inquisitr, and others, have cited Mensch's Trump-Russia Patribiotics articles as credible theories and informed speculation.
Cover of an undated American edition of Fanny Hill, ca. 1910 The 18th century book Fanny Hill has been subject to obscenity trials at various times (image: plate XI: The bathing party; La baignade) The sale and distribution of obscene materials had been prohibited in most American states since the early 19th century, and by federal law since 1873. Adoption of obscenity laws in the United States at the federal level in 1873 was largely due to the efforts of Anthony Comstock, who created and led the New York Society for the Suppression of Vice. Comstock's intense efforts led to the passage of an anti-obscenity statute known as the Comstock Act which made it a crime to distribute "obscene" material through the post.
While traveling to Canada to attend the Rue Morgue Festival of Fear in Toronto, co-director and writer Fred Vogel was arrested, pending charges of transporting obscene materials into Canada, when copies of Mordum and its predecessor were found by customs officials among the merchandise he had intended to bring to the convention. The charges were dropped, after Vogel had spent roughly ten hours in customs prison, and his films were sent to Ottawa for further observation. Copies of Mordum were confiscated by Australian customs officials in 2004, the reason given for the seizure of the DVDs being that "they offend against the standards of morality, decency and propriety generally accepted by reasonable adults to the extent that they should not be imported".
In some cases, some states have ratified their local state laws for inclusion to prevent California's Freeman decision to be applied to actors who are paid a fee for sexual actions within their state borders. One example is the state of Texas whose prostitution law specifically states: :An offense is established under Subsection (a)(1) whether the actor is to receive or pay a fee. An offense is established under Subsection (a)(2) whether the actor solicits a person to hire him or offers to hire the person solicited. In the United States, federal law prohibits the sale, distribution or dissemination of obscene materials through the mail, over the broadcast airwaves, on cable or satellite TV, on the Internet, over the telephone or by any other means that cross state lines.
The case came about when the owner of an adult bookstore, Earl Henry, was charged and convicted of obscenity (specifically for possessing and distributing obscene materials) after police raided his store. He was fined $2,000 and sentenced to 60 days in jail but was allowed to remain free pending an appeal. The ACLU of Oregon filed an appeal to the Oregon Supreme Court on Mr. Henry's behalf arguing that the Oregon Constitution's free speech clause (Article 1, Section 8) provides greater protection than the free speech clause found in the First Amendment to the United States Constitution and that "state courts should interpret and develop state law under their state constitutions without regard to the swings in interpretation at the national level", especially when state constitutions provide greater protections than the federal one.
In 2016, the queer-themed exhibition, Fault-Lines: Disparate And Desperate Intimacies, was held at the Institute of Contemporary Arts Singapore, guest curated by Singapore-based curator and writer Wong Binghao. For the exhibition, Loo Zihan presented Queer Objects: An Archive For The Future, an installation consisting of 81 objects such as perfume bottles and torch lights used at Pink Dot, the annual LGBT+ rights event in Singapore; all of which presented without context to "permit viewers to construct their own narratives for the objects based on their individual experiences". Two objects, both of which were sex toys, were later removed as the institute was concerned that they contravened Section 292 1(a) of the Penal Code, which prohibits the display of obscene materials. Other Singaporean artists in the exhibition included transgender artist Marla Bendini, known for her work exploring transgender issues.
The U.S. Supreme Court granted certiorari to Miller because the California law was based on its two previous obscenity cases which the Court wanted to revisit. Chief Justice Warren Burger came to the Court in 1969 believing that the Court's obscenity jurisprudence was misguided and governments should be given more leeway to ban obscene materials. In consideration of Miller in May and June 1972, Burger pushed successfully for a looser definition of "obscenity" which would allow local prosecutions, while Justice William J. Brennan, Jr., who by now also believed the Roth and Memoirs tests should be abandoned, led the charge for protecting all "obscenity" unless distributed to minors or exposed offensively to unconsenting adults. Decision of the case was contentious, and Miller was put over for reargument for October term in 1972, and did not come down until June 1973, with Burger prevailing with a 5–4 vote.
Obscene publications were, historically, something for the canon law; the first prosecution in a court of common law was not until 1727.Wade (1959) p.179 Prior to the passing of the 1959 Act, the publication of obscene materials within England and Wales was governed by the common law and the Obscene Publications Act 1857. The common law, as established in R v Hicklin [1868] 3 QB 360, set the test of "obscenity" as "whether the tendency of the letter published is to deprave and corrupt those whose minds are open to such immoral influence and into whose hands the publication might fall", while the 1857 Act allowed any stipendiary magistrate or any two Justices of the Peace to issue a warrant authorising the police to search for, seize and destroy any obscene publications.Europe (1976) p.242 It was generally accepted that the existing law was heavily flawed, for several reasons.
Kingsley Books was an adult bookstore that was known for selling erotic material including graphic comic book style material, specifically a series entitled Nights of Horror. That particular series garnered public attention in 1954, when it was mentioned during the trial of the Brooklyn Thrill Killers gang : psychiatrist Fredric Wertham had used the book series as evidence, claiming that the gang's leader had become a criminal because he read pornographic comic books.The Incredible True Story of Joe Shuster’s NIGHTS OF HORROR, Comic book legal defense, October 3, 2012 City officials in New York City led by Peter Campbell Brown made the decision to file an injunction against Kingsley Books to both destroy any existing copies of the material but to also enjoin the future sale of the books under statute § 22-a of the New York Code. This statute allowed for officials to prevent the distribution of "lewd or obscene materials" although the action taken was actually civil and not criminal.
Stone (1989) p.77 This warrant allows a police officer to enter the premises, search them and remove any suspect publications; if such publications are found, the officer can also take records relating to the businesses trade. The articles must then be brought before a magistrate and either forfeited by the owners or returned. The owner, author or publisher of the articles, or the person from whom they were seized, may appear before the magistrate to argue why they should not be forfeited.Stone (1989) p.78 Section 4 creates the defence of public good, which applies both to prosecutions for publication of obscene materials and to the forfeiture proceedings described in Section 3. This allows for a valid defence if the defendant can show that the publication of the materials was justifiable as for the "public good", which is defined as "in the interests of science, literature, art or learning, or of other objects of general concern".Williams (1960) p.
The ruling concluded, "we have declined to equate the privacy of the home ... with a 'zone of privacy' that follows a distributor or a consumer of obscene materials wherever he goes", and concluded that precedent had not in fact been overturned by the Lawrence ruling, and the trial judge had erred in law to state they had. Only the Supreme Court could say if their own prior decisions had been overturned, and they had reserved that right to themselves in past cases. Furthermore, with regards to whether or not the fact of the Internet delivery made the community standards test inapplicable, the ruling argued, "The mere fact, without more, that the instant prosecution involves Internet transmissions is not enough to render an entire line of Supreme Court decisions inapplicable given their analytical and other factual similarities to this case." The couple's attorney subsequently filed a petition asking the U.S. Supreme Court to hear the case.
Possley, Maurice (July 2, 1988). “20 Indicted in Mailing Pornography”, The Chicago Tribune. The U.S. government sought indictments for "obscenity by the standards of a local community" by ordering U.S. Postal Inspectors in Tennessee, Utah, and Nebraska to order catalogs and magazines from Toushin's businesses located in Chicago, IL. Tennessee District Judge John T. Nixon stated that “there is no established evidence that the films involved in this case have ever been sent to the jurisdiction by defendants except for those copies ordered by the Government.” Toushin asked the Tennessee court to transfer his case to Northern Illinois but Judge Nixon refused, stating that the appropriate finder of fact is a jury selected from the community in which the offense took place and that such a transfer should only be granted when there is “intentional overreaching” by the government. Nixon found that “although the Government took measures inducing the defendants to mail allegedly obscene materials to Middle Tennessee, the defendants made a deliberate decision to conduct business here [by mailing the materials].”U.

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