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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 be balanced against its affirmative values to determine which predominates. We rejected 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 uigui.com presentation, was constitutionally privileged unless it was utterly uigui.com without redeeming social uigui.com 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. 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 by defendant are of social importance.
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