Among citizens concerned about obscenity in their local communities, one question repeatedly arises: How, as citizens in our area, do we set our community standards? The phrase “community standards” comes from the Supreme Court’s decision in Miller v. California, 413 U.S. 15 (1973). In setting forth the test for obscenity, the Court stated that the issues of whether the material has patently offensive representations of sexual conduct and whether the material appeals to the prurient interest should be judged by the community standards. This phrase was an attempt to counter the suggestion that obscenity should be judged by “national standards.” The Court noted that “it is not realistic nor constitutionally sound to read the First Amendment as requiring that the people of Maine or Mississippi accept public depiction of conduct found tolerable in Las Vegas or New York City.” Through this statement the Court realized that it would be unworkable to try to determine acceptability on a basis as broad as the entire nation. The concept of the “community” merely provided a more workable vehicle for such a determination. Establish Your Community Standard
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