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Definition
"Undifferentiated fear or disturbance is not enough to censor freedom of expression." |
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School has write to censor school based publications if it presents "legitimate pedagogical concerns" |
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Three reasons schools can censor lewd material 1. Expression would undermine the school's basic educational mission 2. Public schools should censor vulgar public discourse 3. Society has interests to teach students socially appropriate behavior |
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Term
Issues regarding Miller Test |
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Definition
1. Miller test is broad and leaves a lot of wiggle room;each state has different community standards 2. Technology has made adult content readily available 3. Some people think that some obscene speech should be protected 4. Dealing with sexual content that may not be obscene, but is still sexual in nature 5. Question of inefficient usage of govt money used to prosecute these cases;viewed as inefficient |
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Definition
1. Average person using contemporary community standards finds the work appeals to a prurient interest 2. Work is patently offensive 3. Work lacks serious artistic, literary, scientific or political value |
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