key term - Contemporary community standards

Definition

Contemporary community standards refer to the prevailing values and norms of a specific community regarding what is considered acceptable or unacceptable, particularly in relation to matters of obscenity. This term is crucial in determining whether certain materials or expressions are deemed obscene, as the assessment relies on how an average person within the community perceives them. These standards can vary significantly between different communities, impacting legal interpretations and decisions surrounding obscenity.

5 Must Know Facts For Your Next Test

1. Contemporary community standards can differ widely between urban and rural areas, affecting how obscenity is judged.
2. The definition of what constitutes obscenity may change over time as societal values evolve, leading to shifts in contemporary community standards.
3. Judges often consider evidence from local surveys and expert testimony to gauge contemporary community standards when adjudicating obscenity cases.
4. The use of contemporary community standards is essential for applying the Miller Test to determine whether specific materials are legally obscene.
5. Contemporary community standards can lead to significant legal controversies, as what one community may find acceptable, another may deem offensive.

Review Questions

• How do contemporary community standards influence legal decisions regarding obscenity?
  • Contemporary community standards play a crucial role in legal decisions about obscenity by establishing a benchmark for what is considered acceptable within a specific community. Courts evaluate whether material offends these standards by looking at how an average person in that community would react to the content. This ensures that legal rulings reflect the values and norms of the community in question rather than imposing a one-size-fits-all approach across different regions.
• Discuss the relationship between contemporary community standards and the Miller Test in obscenity cases.
  • The Miller Test requires that three criteria be met to classify material as obscene: it must appeal to a prurient interest, depict sexual conduct in a patently offensive way, and lack serious literary, artistic, political, or scientific value. The first criterion directly references contemporary community standards by requiring that the material be judged based on what an average person within that specific community finds appealing to a prurient interest. This relationship emphasizes how local values shape legal interpretations of obscenity.
• Evaluate how changes in contemporary community standards over time have impacted First Amendment rights concerning obscenity.
  • Changes in contemporary community standards can significantly impact First Amendment rights related to obscenity by reshaping what is considered protected speech. As societal attitudes evolve—such as increasing acceptance of certain forms of expression—materials once deemed obscene may gain legitimacy and protection under the First Amendment. This ongoing evolution highlights a dynamic tension between preserving free speech rights and responding to shifting local values regarding morality and decency.

Related terms

Obscenity: Obscenity refers to material that violates community standards and lacks serious literary, artistic, political, or scientific value, making it subject to regulation or prohibition under law.

Miller Test:

A three-part test established by the Supreme Court to determine whether material is obscene, focusing on community standards, prurient interest, and lack of significant value.

First Amendment:

The First Amendment of the U.S. Constitution protects freedom of speech and expression, but it does not provide absolute protection for obscene materials.