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john castellano, james morrison (ii), civil rights, this american life, list of themes, emo, alamo mission in san antonio, legal practice area, picture of tupac, gridlock, professor, steve buscemi, doom, comedy, george w bush, student, riad galayini, | Finklestein, 1961, 11 N. Y. 2d 300: People v. Roth, 354 U.S. 4761. But in a total absence of any guideposts or other directives from such higher courts I fear we proceeded not unlike an explorer plunged into a vast uncharted virgin area in pursuit of a mirage song or some fabled lost golden city. song In this quest the time honored rules of evidence proved to be something of a highly unsuitable incumbrance, and the judicial process revealed itself as a most limited and inadequate, if not improper, tool for this task. Is song the mandate to find the "community standards" as to obscenity just a judicial snipe hunt? The most current judge-made-law as to obscenity has been established without: any relation to and indeed in controversion of "community standards" of obscenity, in a judicial absolutist application of a judicially declared doctrine of absolute freedom of expression, which has overridden and negated all obscenity laws which may in any way impinge upon the summum bonum of unrestrained freedom of all expression. |
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They [the monologues] were obscene, indecent, immoral, and impure. The monologues contained little or no literary or artistic merit. They were merely a device to enable Bruce to exploit the use of obscene language. They were devoid of any cohesiveness. They were a series of steve buscemi unconnected items that contained little of social significance. steve buscemi They were chaotic, haphazard, and inartful.... Dissent in PEOPLE v. BRUCE (Criminal Trial Court of the City of New York, Nov. 4, 1964) The following column, written by Judge steve buscemi J. Randall Creel, ran in the New York Bar Journal on November 24, 1964. Creel's column is largely a statement of the views that led him to dissent in People v Bruce.. By J. Randall Creel Judge of the Criminal Court of the City of New York Throughout the recent Lenny Bruce trial a court of which I was a member heard much testimony from many sources in an effort to ascertain the "contemporary community standards" as to obscenity as indeed the directives of higher courts required (People v. |
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