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Estimating Community Standards: The Use of Social Science Evidence in an Obscenity Prosecution

NCJ Number
133356
Journal
Public Opinion Quarterly Volume: 55 Dated: (1991) Pages: 80-112
Author(s)
D Linz; E Donnerstein; K C Land; P L McCall; J Scott; B J Shafer; L J Klein; L Lance
Date Published
1991
Length
33 pages
Annotation
To ascertain the contemporary community standards regarding sexually explicit material and given those standards whether the materials either appealed to a prurient interest or were patently offensive, a cross-section of residents of Mecklenburg County (Charlotte, North Carolina) were randomly assigned to view either one of five sexually explicit films and the sexually explicit magazine that were subject to criminal indictments as allegedly being "obscene" or to view a control film.
Abstract
A majority of the respondents felt the films and magazine did not appeal to a shameful, morbid, or unhealthy interest in sex nor did they perceive these materials as going beyond the level of tolerance regarding depictions of sexual conduct for the average adult in that community. Fewer subjects felt the films appealed to a shameful, morbid, or unhealthy interest in sex after they had an opportunity to view them than before. The findings suggest that procedures enabling respondents to view the specific materials charged in obscenity trials rather than make hypothetical judgments about obscenity will produce substantially different and more accurate assessments of community standards regarding sexually explicit materials than can be obtained by survey or telephone interviews alone. 11 footnotes, 5 tables, 1 appendix, and 45 references