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MMLU / A state initiated a criminal prosecution against the owner of a video store for…

Problem

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

question

A state initiated a criminal prosecution against the owner of a video store for selling a video that consisted entirely of pictures of nude sunbathers on a beach in a foreign country where nude public sunbathing is common. The state charged that selling the video violated its anti-obscenity law. The store owner defended on the ground that the prosecution violated his constitutional right to freedom of speech. Should the store owner prevail in this defense?

choices

  1. No, because the store owner is engaged in the commercial sale of the video, which is not protected by the First and Fourteenth Amendments.
  2. No, because the video consists entirely of portrayals of nudity, appeals to the prurient interest of viewers, and lacks serious social value as a whole.
  3. Yes, because mere portrayals of nudity are insufficient to justify a finding that the video is obscene as a matter of constitutional law.
  4. Yes, because the portrayals of nudity occurred outside the United States, and therefore the state lacks a compelling interest in applying its anti-obscenity law to the sale of the video.

subject

professional_law

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Source and history

task_id
74c93c44-c414-5aa2-bdd4-e185b3ca07a0
task_key
all--test--74c93c44-c414-5aa2-bdd4-e185b3ca07a0
task_revision_id
1
config / split
all / test

Official source

initial import