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Case Study: City Of Cincinnati Vs. Cincinnati Contemporary Arts Center

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City of Cincinnati vs. Cincinnati Contemporary Arts Center

In the early 1990s, a Cincinnati jury cleared the Contemporary Arts Center and its director Dennis Barrie of obscenity charges owing to the exhibition “The Perfect Moment” by Robert Mapplethorpe. They were charged for “offenses of pandering obscenity and illegal use of minors in nudity” (Weiner, 2000). This trial became the first criminal trial of an art museum over the contents of an exhibition, centering on 5 out of 175 photographs.

The Miller v. California of 1973 set the standard for determining whether material is considered obscene, and the test C of Miller states that to be considered obscene, the work had to be evaluated as a whole. There were five separate photographic images that required evaluation for what constitutes “the whole”, so the court had to decided whether all the pictures in the exhibition are to be judged as a unit, or each of the pictures be judged separately. According to chapter 2907 of Ohio Laws and Rules, clause J, a photograph by definition is “material capable of arousing interest through sight.” Every photograph is a unique experience of visual exposé that makes an immediate impression on the person looking at it. In dealing with photographs displayed in art galleries, the court had to come up with their own meaning of “taken as a whole” because neither the Supreme Court of Ohio nor the Supreme Court of the United States had an established definition. …show more content…
Therefore, since the exhibition as a whole is non-obscene, it was undeniable that this photographs, as part of the whole, had to be considered non-obscene. Continuing with Miller’s test, the arguments where as

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