At 06:28 PM 6/4/00 -0400, Matthew Gaylor wrote:
>Excerpted via Havenco's Acceptable Use Policy (AUP) located at:
>
>http://www.havenco.com/legal/aup.html
>
>>Unacceptable publications include, but are not limited to:
>>
>> 1.Material that is ruled unlawful in the jurisdiction of
>> the originating server (Such as child pornography or other
>> obscene material.
>
>My question is what in the hell does "or other obscene material" mean?
>
>Regards, Matt-
In the US, that would be material that fails the Miller test (Miller v.
California):
"It is in the US that we find a significant attempt by a judge to define
obscenity (note: obscenity, not pornography). This
is the so-called Miller Test, after the case of Miller v California, 1973,
in which Justice Warren Burger defined as pornographic a work, which, when
taken as a whole,
appeals to prurient interest
depicts sexual (or excretory) conduct in a patently offensive way
lacks serious literary, artistic, political or scientific value
If a work conforms to this definition, then it may, according to prevailing
community standards, be condemned as obscene. If it does not meet this
definition, then it is not obscene and even pornography which does not meet
this definition enjoys the protection of the First Amendment."
DCF
