Is there any case law where a judge found an exhibit obscene under the "patently offensive" test?

MultiRegion, United States of America

The following excerpt is from U.S. v. 2,200 Paper Back Books, 565 F.2d 566 (9th Cir. 1977):

Here, it is true that the trier could have found the exhibits obscene under the "patently offensive" test of Miller v. California, supra, but he did not do so. Had there been a jury, it could, perhaps, supply its own views of community standards. The judge, a resident of the general area, felt unable to assert with any confidence that, by the standards of the Los Angeles area, the exhibits were sufficiently offensive to require him to declare them contraband. Again, he may have expressed himself badly, but we doubt that upon another trial he would reach a different result.

Other Questions


What is the test for patent offensiveness in the Patent Offensiveness Test? ("New York", United States of America)
What is the test for determining whether a Commissioner can be found to have found that a Commissioner has found that the Commissioner has a valid case to answer? (MultiRegion, United States of America)
What is the test for reviewing a decision by a district judge to reconsider an interlocutory order by another judge of the same court? (MultiRegion, United States of America)
What is the test for an application to have a patent that is not a "patent for sale" listed? (Canada (Federal), Canada)
Does patent ‘452 form part of either U.S. patent or Canadian patent? (Canada (Federal), Canada)
What is the test for reassigning a judge to a different district court judge? (MultiRegion, United States of America)
What is the test for a motion to disqualify or recuse a judge based on financial interests of the judge's spouse? (MultiRegion, United States of America)
What is the test for a federal judge to rule on a motion brought by a federal appointed judge? (Canada (Federal), Canada)
What is the test for deference between a federal judge and a federal district judge in sentencing decisions? (MultiRegion, United States of America)
What is the test for a motion of no confidence in a judge's ability to compel the judge to produce a written opinion in the absence of evidence? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.