NCJ Number
16099
Journal
Mississippi Law Journal Volume: 45 Issue: 2 Dated: (APRIL 1974) Pages: 435-453
Date Published
1974
Length
19 pages
Annotation
DISCUSSION OF THE IMPACT OF THIS 1973 SUPREME COURT DECISION THAT OBSCENITY SHOULD BE DEFINED BY THE VARIOUS STATES, AND THE RESULTING NEED FOR REFORM OF MISSISSIPPI OBSCENITY STATUTES.
Abstract
MILLER V. CALIFORNIA OFFERED THE FOLLOWING TEST OF OBSCENITY AS A BASIC GUIDELINE FOR TRIERS OF FACT: (A) WHETHER THE AVERAGE PERSON, APPLYING CONTEMPORARY COMMUNITY STANDARDS WOULD FIND THAT THE WORK, TAKEN AS A WHOLE, APPEALS TO THE PRURIENT INTEREST...; (B) WHETHER THE WORK DEPICTS OF DESCRIBES, IN A PATENTLY OFFENSIVE WAY, SEXUAL CONDUCT SPECIFICALLY DEFINED BY THE APPLICABLE STATE LAW; AND (C) WHETHER THE WORK, TAKEN AS WHILE, LACKS SERIOUS LITERARY, ARTISTIC, POLITICAL OR SCIENTIFIC VALUE. THE HISTORY OF COURT DECISIONS IN THE AREA OF OBSCENITY LAW AND PROCEDURE (FROM 1879 TO 1972) IS REVIEWED. MORE RECENT DECISIONS DEALING WITH THE MEANING OF 'COMMUNITY STANDARDS' AND THE NEED FOR AN ADVERSARY HEARING PRIOR TO THE SEIZURE OF ALLEGEDLY OBSCENE MATERIAL ARE ALSO DISCUSSED. MISSISSIPPI OBSCENITY STATUTES AND COURT PROCEDURE ARE COMPARED WITH THE REQUIREMENTS OUTLINED IN THESE DECISIONS. THE AUTHOR SUGGGESTS THAT ALL STATE LEGISLATION SHOULD INCLUDE A RESTATEMENT OF THE MILLER CRITERIA FOR DETERMINING OBSCENITY AND SHOULD SPECIFICALLY DEFINE OBSCENE ACTS WHICH IT HOPES TO PROHIBIT. IN ADDITION, IT IS SUGGESTED THAT A CIVIL PROCEEDING BE ADOPTED BY EACH STATE TO SERVE AS AN ADDITIONAL PROTECTION AGAINST VAGUELY WORDED OBSCENITY LEGISLATION. HE POINTED OUT THAT THE PRESENT MISSISSIPPI LAW OUTLINING A CIVIL PROCEEDING IS COMMENDABLE, BUT SHOULD BE AMENDED TO EXPAND ITS PROTECTION. (AUTHOR ABSTRACT MODIFIED)