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MMLU / A state has enacted a criminal statute prohibiting the mailing of obscene…

Problem

Answer published by the source. Consult the official source to check your work against its answer.

question

A state has enacted a criminal statute prohibiting the mailing of obscene materials to any person. The owner of a publication company was prosecuted and convicted of violating the state obscenity law by mailing adults sexual literature that appealed to their prurient interests. During the owner's trial, the judge instructed the jury that determining if the mailed materials were obscene depended in part on whether they were offensive to the average or normal person under contemporary community standards, and that the community standards test must be considered in light of the fact that many children reside in the community. Furthermore, the judge instructed the jury that in determining whether the materials were obscene, it could also consider evidence of pandering, or whether the materials were marketed purposely to appeal to the recipients' prurient interest in sex. The owner appealed her conviction, alleging a denial of her First Amendment rights. Which of the following is the strongest argument why the appellate court should reverse the owner's conviction?

choices

  1. The method by which materials are marketed or advertised is not probative of whether they are obscene.
  2. It is an unconstitutional invasion of privacy for the government to interfere with the content of closed mailings intended for the private use by consenting adults.
  3. Under the First Amendment, the community's standards for children may not be applied in determining what constitutes obscenity for adults.
  4. Obscenity is to be determined by applying national standards, not contemporary community standards.

subject

professional_law

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Source and history

task_id
1cbd4b66-3ff6-57d4-bd43-7ad8a514ade6
task_key
all--test--1cbd4b66-3ff6-57d4-bd43-7ad8a514ade6
task_revision_id
1
config / split
all / test

Official source

initial import