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| eraser, queer as folk, tom jarmusch, michael colton, branding consultants, clifton james, pics, feature film action/adventure, television shows, action, racism, motherfucker, celebrity, bigotry, legal practice area, shamings, tyler sedustine, hate crimes, beth lapides, | 334, 121 N.E.2d 585, picture of 2 pac that the obscene portions of the picture of 2 pac 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, picture of 2 pac 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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| The entire performance was originally held by us to be characterized by its continual pics reference, by words and acts, to sexual intercourse or sexual organs in terms which ordinary adult individuals find thoroughly disgusting and revolting as well as patently offensive; that, as is evident from these brief summaries, it went beyond customary limits of candor, a pics fact which becomes even more apparent when the entire monologue is considered. Our original opinion recognized defendant's right to satirize society's attitudes on contemporary social problems and to express his pics ideas, however bizarre, as long as the method used in doing so was not so objectionable as to render the 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 |
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