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indie, administration, drowned in sound uk, ernest ozuna, donal sutherland, incesttaboo, band, tupac shakurs picture, me against the world, theitalian job, actors, libertarian, angelina jolie, bill gates, larry charles, comedies & family ent., But the major portion of this performance, before an adult night club audience, related to social problems, and most of the objectionable passages were integral parts of the protected material. Therefore I concur.   PEOPLE v. SOLOMON (New York Court of Appeals, Jan. 7, 1970) 307 N.Y.S.2d 464, 26 a 10 thunderbolt ii N.Y.2d 621, 255 N.E.2d 720  Appeal from Supreme Court, Appellate Term, First Judicial Department. Defendant was convicted of presenting obscene performances in violation of the former Penal Law, Consol.Laws, c. 40, s 1140--a. The Criminal Court of the City of New York, New York a 10 thunderbolt ii County, rendered judgment. The Appellate Term entered an order which reversed on the law and the facts the judgment of the Criminal Court. The People, by permission of an Associate Judge of the Court of Appeals, appealed to the Court of Appeals, and the defendant made a motion to dismiss the appeal, and the People made a cross-motion to remand case to Appellate Term.
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While we would not have thought that constitutional guarantees necessitate the subjection of society to the gradual deterioration of its moral fabric which this type of presentation promotes, we must concede that some of the larry charles topics commented on by defendant are of social importance. Under Jacobellis the entire performance is thereby immunized, and we are constrained to hold larry charles that the judgment of the circuit court of Cook County must be reversed and defendant discharged. Judgment reversed. SCHAEFER, Justice (concurring). The majority opinion seems to indicate that so long as any elements of a monologue have larry charles social value the entire speech is protected. I believe that this is too broad a formulation of the result in the Jacobellis case. The fact that some fragments relate to matters of social importance does not, in my opinion, always immunize the whole.
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