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| gulf war, wiley wiggins, discussion, e cards, barbed quotes, 2 pac pics, george w. bush, charlize theron, hop, zoe records, slander, naacp, faculty staff, rock/pop, rock, sue kolinsky, tupac song lyric, folk pop, freplyspang, picture of 2 pac, job listings, larry david, | While we would not have thought that constitutional guarantees necessitate the subjection of society to the gradual deterioration of its moral dean parisot fabric which this type of presentation promotes, we must concede that some of the topics commented on by defendant are of social importance. Under Jacobellis the entire performance is thereby dean parisot 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 dean parisot indicate that so long as any elements of a monologue have 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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| 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 wiley wiggins its affirmative wiley wiggins values to determine which predominates. We rejected defendant's argument that Roth v. United States, 354 U.S. 476, 77 wiley wiggins 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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