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Explicit Communication or Fair Trial Paper

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Explicit Communication or Fair Trial Paper
Franchekia Hofmann
COM/440 - COMMUNICATION LAW
February 2, 2015
Dr. Brenda Jack

Explicit Communication or Fair Trial Paper
Laws change every year, they have to due to our society, our society evolves and so does the laws. Obscenity has becomes a part of our lives more and more every day. Understanding the laws, what they cover and how they work should be known by all. This paper will be exploring critique the regulation of current obscenity laws, the Miller Test. What are community standards, Are community standards an appropriate way to determine obscenity, how do legislators use time, manner, and place restrictions, such as zoning, to regulate the expression of obscene or erotic material, and how does federal regulation attempt to control obscenity. Lastly methods of the courts when it comes to Traditional judicial remedies restrictive orders to control publicity and Closure of proceedings and sealed documents.
The most current obscenity laws are no longer about pamphlets selling erotic books and films like Marven Miller. The internet is now the place where obscenity run rampant without any filters or control in any since of the internet. Like in 1968 Ginsberg v. New York. In this case the town of Ginsberg was allowed to have stores that can sell “so-called girlie magazines…which showed female nudity… (Pember & Calvert, 2011).” However more case started dealing with pornography online, or dial up porn,” Communications Decency Act of 1996 (CDA), Reno v. ACLU II (1997) (Fullerton Education, 2013).” Other current law the Ashcroft v. ACLU (2002), Child Internet Protection Act of 2001 (CIPA), and U.S. v. American Library Association (June 24, 2003) (Fullerton Education, 2013). All of these case where due to children safety for the internet. Laws will continue to evolve to say current with society.

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