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29 Jul 2023, 2:23 pm by Eugene Volokh
Spokane Arcades, Inc. (1985): "the [a] average person, [b] applying contemporary community standards, would find that the work, [c] taken as a whole, [d] appeals to the prurient interest" (which means a "shameful or morbid" interest in sex as opposed to a "normal, healthy" interest); "the work depicts or describes, [a] in a patently offensive way [under [b] contemporary community standards], [c] sexual conduct specifically defined by the applicable state… [read post]
27 Jun 2023, 3:17 pm by Stacie Rosenzweig
State disciplinary agencies can do what they want with that.As it is always election season, I guess we’ll soon learn whether these sanctions are sufficient to deter this conduct in the future. [read post]
16 Jun 2023, 6:54 am by Eric Goldman
” 22 years later, I guess we’re still litigating that conclusion. [read post]
13 Jun 2023, 12:42 pm by Joseph L. Hyde
“[S]ince property cannot be obtained simultaneously pursuant to both lawful and unlawful means, guilt of either embezzlement or false pretenses necessarily excludes guilt of the other. [read post]