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ndltd-OhioLink-oai-etd.ohiolink.edu-osu12428506582021-08-03T05:55:49Z Who decides what is smut?: local community standards and obscenity regulations Miller, Brooke Leigh <p>According to Weber, law should become more rational and efficient over time. However, it is unclear whether obscenity laws have followed this trajectory. The current obscenity definition, laid down by the 1973 Miller v California case, uses three criteria for determining obscenity, one being whether or not the material violates the local community standards. Community standards may be difficult to determine, thus making the law unusually vague. Although social scientists have studied the obscenity problem from a more quantitative and macro-oriented approach, little qualitative research has been done to shed light on the actual experiences of the people most involved, the "adult" business owners. First, I examine the evolution of obscenity law over time using a historical analysis of landmark Supreme Court obscenity cases to see if obscenity law is becoming more vague or more rational. Then I conduct 15 interviews in 2 Midwest cities with "adult" business owners and others involved in the obscenity debate to examine whether those most affected by obscenity laws understand what the laws say. I contend that obscenity law is becoming more irrational due to a lack of consensus regarding local community standards in our progressively diverse society.</p> 2003 English text The Ohio State University / OhioLINK http://rave.ohiolink.edu/etdc/view?acc_num=osu1242850658 http://rave.ohiolink.edu/etdc/view?acc_num=osu1242850658 unrestricted This thesis or dissertation is protected by copyright: all rights reserved. It may not be copied or redistributed beyond the terms of applicable copyright laws.
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NDLTD
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English
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NDLTD
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| author |
Miller, Brooke Leigh
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Miller, Brooke Leigh
Who decides what is smut?: local community standards and obscenity regulations
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| author_facet |
Miller, Brooke Leigh
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| author_sort |
Miller, Brooke Leigh
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| title |
Who decides what is smut?: local community standards and obscenity regulations
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| title_short |
Who decides what is smut?: local community standards and obscenity regulations
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| title_full |
Who decides what is smut?: local community standards and obscenity regulations
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| title_fullStr |
Who decides what is smut?: local community standards and obscenity regulations
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| title_full_unstemmed |
Who decides what is smut?: local community standards and obscenity regulations
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| title_sort |
who decides what is smut?: local community standards and obscenity regulations
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| publisher |
The Ohio State University / OhioLINK
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| publishDate |
2003
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| url |
http://rave.ohiolink.edu/etdc/view?acc_num=osu1242850658
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AT millerbrookeleigh whodecideswhatissmutlocalcommunitystandardsandobscenityregulations
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