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MMLU / A writer's latest novel created a debate among critics regarding whether the…

Problem

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question

A writer's latest novel created a debate among critics regarding whether the sexual references and the graphic practices in the book made it obscene. While the publisher was readying the book for distribution, the head of a state commission for morality contacted her to tell her that the book was obscene and that she should collect all copies and turn them over for seizure by the government. He also advised that the commission was putting the book on a list of obscene works that retailers should not handle. She responded that dozens of retailers already had the book for an opening day promotion. The commission seized all of the books from the retailers and destroyed them, without any due process procedural safeguards to the author or the publisher. The author and publisher appealed the case and eventually received a writ of certiorari issued by the U.S. Supreme Court. Will the Court uphold the procedure that was used to declare the book obscene and to restrain its distribution?

choices

  1. Yes, if the authorities determine the book to be obscene, then they may seize and prevent its prospective distribution for the protection of the public.
  2. Yes, the determination of obscenity can be made prior to publication because the local authorities have a right to determine the local "community morals" standard.
  3. No, the state must first give the publisher and author a preliminary hearing before a magistrate to get a determination if the book is obscene.
  4. No, the state cannot exercise prior restraint over published material because that has a chilling effect on free speech; a full judicial determination, with a criminal trial, is required before there can be a finding of a work being obscene.

subject

professional_law

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