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| robert b. weide, bill clinton, ben affleck, livingin oblivion (ws), adam goldberg, comments, graf, rap song, grumpytroll, james legros, lyric to tupac, motherfucker, wordssong lyrics 2pac hell 4 a hustler still i rise (with outlawz), nancy allen, christian slater, by jane anderson, comedies & family ent., makaveli video, alcohol, stupid games, gang related, | 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 topics commented on naming companies by defendant are of social importance. Under Jacobellis the naming companies entire performance is thereby immunized, and we are constrained to hold 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 naming companies social value the entire speech is protected. I believe that this is too broad a formulation of the result in the Jacobellis case. |
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| Our original opinion recognized defendant's right to satirize society's attitudes on contemporary social problems and to express his ideas, however bizarre, as long as the method used in doing so was not so objectionable as to render the by jane anderson entire performance obscene. Affirmance of the conviction was predicated upon the rule originally laid down in American Civil Liberties Union v. City of Chicago, 3 Ill.2d 334, 121 N.E.2d 585, that the obscene portions of the material must by jane anderson be balanced against its affirmative values to determine which predominates. We rejected by jane anderson defendant's argument that Roth v. United States, 354 U.S. 476, 77 S.Ct. 1304, 1 L.Ed.2d 1498, struck down this balancing test and held that material, no matter how objectionable the method of its presentation, was constitutionally privileged unless it was utterly without redeeming social importance. It is apparent from the opinions of a majority of the court in Jacobellis that the 'balancing test' rule of American Civil Liberties Union is no longer a constitutionally acceptable method of determining whether material is obscene, and it is there made clear that material having any social importance is constitutionally protected. |
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