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MMLU / A state legislature has recently enacted an obscenity statute prohibiting "the…

Problem

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question

A state legislature has recently enacted an obscenity statute prohibiting "the selling or offering for sale of any obscene printed or video materials. " Following numerous complaints from a local citizens' group, the police entered an adult bookstore, examined materials on the shelves, and purchased magazines that depicted actual pictures of sexual intercourse. The owner was subsequently arrested and charged with violating the state obscenity law. At his trial, the owner's defense was that the sale of the materials complained of was constitutionally protected speech. Which of the following, if established, would be most helpful to the owner's defense?

choices

  1. The particular materials involved depicted normal, not deviant, sexual conduct.
  2. The particular materials involved consisted of serious scientific studies of human sexual urges.
  3. The police did not have a search warrant when they entered the bookstore to purchase the particular materials involved in this obscenity prosecution.
  4. 85% of the citizens of the state believe that the sale of sexually explicit material does not contribute to antisocial sexual behavior.

subject

professional_law

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Source and history

task_id
dc372eb9-8fb9-5752-a70b-486fe55914ea
task_key
all--test--dc372eb9-8fb9-5752-a70b-486fe55914ea
task_revision_id
1
config / split
all / test

Official source

initial import