It is as defined by the 1973 United States Supreme
Court decision, in Miller v. California, 413 U.S. 15, obscenity is any
text or image that "depict[s] or describe[s] patently offensive 'hard
core' sexual conduct." Furthermore, the Court outlines a three-part
test to determine if the text or image in question is obscene:
- whether the "average person applying contemporary
community standards" would find that the work, taken as a whole,
appeals to the prurient* interest;
- whether the work depicts or describes, in a
patently offensive way sexual conduct specifically defined by the
applicable state law**; and
- whether the work, taken as a whole, lacks serious
literary, artistic, political, or scientific value.
The first two measures will be determined by local
community values; the third will be determined by a measurement of
reasonableness.
All three elements must be present for material to
be judged by a judge or jury as obscene and, therefore, illegal.
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*prurient ( or morbid, shameful, and unhealthy)
** North Carolina General Statute / Obscene literature & exhibitions
(attached)
Personnel Policy
A copy of the AMY Regional library System
Personnel Policy is available at each local library for patron review.
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