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Significantly, these comments on the site were aimed directly models AT the instructor, as evidenced by the continued form of “I’d rather..., Rachel” and the line “Rachel, I’m sorry, but you suck.” 3) The Supreme Court found in Roth v. United States that the test for obscenity was “whether to the average person, applying contemporary community standards, the dominant theme of the material, models taken as a whole, appeals to the prurient interest.” I think it is fair to say that the consistent sexual lewdness within the facebook group would be classified by models the average community member as such. 4) According to judgements made in 1988’s Hustler Magazine v. Falwell, the “actual malice” standard to intentional infliction of emotional distress, wherein the speaker has “knowledge that the statement was false” or shows “reckless disregard as to whether or not it was true.” Clearly Ms Womble’s comment meets this definition.
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