Sexually Explicit Communication Paper

Essay by chadsmithUniversity, Bachelor'sA, May 2010

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Sexually Explicit Communication � PAGE \* MERGEFORMAT �9�


Sexually Explicit Communication Paper


University of



Sexually Explicit Communication Paper

Sexually explicit material is becoming increasingly integrated into our society based on the premise that "sex sells" and has a positive impact on our economy. The danger in an increasingly sexual society is that it can damage an adolescent and potentially enable adults with psychological problems to become an offender of the law. In this paper we will explore the standards set by the federal government that are an attempt at protecting our society from becoming an oversexed nation and protecting the values and morals of the many citizens of this great country.

As early as 1957 sexually explicit material began being distributed to individuals without request or consent and began to be litigated in the court of law. According to the text "Marvin Miller was convicted of violating the California Penal Code for sending five unsolicited brochures to a restaurant in Newport Beach.

The brochures, which advertised four erotic books and one film, contained pictures and drawings of men and women engaging in a variety of sexual activities. The recipient of the mailing complained to police, and Miller was prosecuted by state authorities. In Miller, for the first time since 1957, a majority of the Supreme Court reached agreement on a definition of obscenity. Chief Justice Warren Burger and four other members of the high court agreed that material is obscene if the following standards are met:

(1) An average person, applying contemporary local community standards, finds that the work, taken as a whole, appeals to prurient interest.

(2) The work depicts in a patently offensive way sexual conduct specifically defined by applicable state law.

(3)The work in question lacks serious literary,