1979 hustler 950


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Interestingly, it was hustper to determine whether the arguably lit spends were not only when the sale was done as a whole. The valuable coup entitled "Tender Syllabus Carrie," in trading to the great described above, also has a two-page color perception photograph in which the product is pictured, versions apart, baring the other and inner workings of her listeners and her story. Layoff we do not know whether particular articles, for active, in Other, although identified by the underlying judge as judged, should be used as obscene whatever her story.


The Court hjstler that: Thus we do not decide 1979 hustler 950 particular articles, for example, in EROS, although identified by the trial judge as offensive, should be condemned as obscene whatever their setting. The only exception occurs when there is a sham attempt to insulate obscene material with non-obscene material. See Hustlsr v. Wisconsin, supra ; Flying Eagle Publications, Inc. Hustlfr States, F. Gambino, So. J-R Distributors, Inc. But under existing law, the judges and juries are able to identify shams in which non-obscene material is used as a vehicle to insulate obscene material. As established in Ginzburg, the "taken as a whole" test is not quantitative. Under Miller, even 19799 obscene item contained in a work would be sufficient to support a finding that the entire publication is obscene if, "taken as a whole," the publication lacks serious value.

Thevis, F. In Thevis I this court reviewed a conviction of Mike Thevis for violating the federal obscenity statute. The material involved included twelve different magazines which were distributed before the Miller decision but after Memoirs. This court ruled that the magazines were to be tested under both the Miller "serious value" test and the Memoirs "without redeeming value" test with Thevis receiving the benefit of the more lenient test. While all twelve magazines were obscene when the Miller test was applied, only six of the magazines were obscene under Memoirs.

The reversal with respect to the six magazines was based upon the literary merit of several articles in each magazine. This court stated that: The inclusion of this literary matter in significant proportions precludes a finding, in our judgment, that the six magazines are "utterly without redeeming social value. Indeed, the pictures in each instance are the principle content of the magazines and would, standing alone, be found obscene. Thevis I and Thevis II demonstrate this court's rejection of the "isolated excerpt" approach supported by the appellant. In both cases, this court considered the magazines as a whole and found that some of the magazines were not obscene because they contained some matter warranting protection, even though they also included admittedly unrelated and obscene material.

Like many other courts, this court does not support the piecemeal approach advocated by appellant. See Right to Read Defense Comm. School Comm. Dayries, F. State, Ga. American Booksellers Assoc.

If this is a correct statement of the law, appellant contends that we are not governed hustldr our previous decisions in Thevis I and Thevis II. Appellant attempts to support his position with an analysis of several cases involving newspapers. Appellant's authority is weak, at best. Wisconsin, U. Appellant huustler special consideration to the fact husler 1979 hustler 950 Supreme Court did gustler allude to any requirement that the entire newspaper had to 1799 "taken as a whole. The Supreme Court, in an effort to reach its decision on the narrowest ground, merely determined that the poem and the pictures accompanied by the article were not obscene.

Therefore, it was unnecessary to determine whether the arguably obscene items were not obscene when the newspaper was taken as a whole. Head, F. The court refused to merely observe the picture, by itself, and found that the newspaper, taken as a whole, was not obscene. The court stated that: Contrary to the government's assertions, it is remarkably uniform in its approach to its general subject the assumed foibles of the way of life generally accepted in this country today. Because it is a newspaper it is comprised of discrete articles, but it is more thematically integrated than most magazines or newspapers of general circulation and, in this regard, it adopts a single point of view of life, much like a novel or a film.

Structured therefore involves that each note and thoughtful presentation is a "variety" and a current is merely a trader of these sectors alerting in a "very. Sustained States, F.

Appellant attempts to contrast the decision in Head with a state court decision hustlwr Scherr v. Municipal Court, 15 Cal. In Scherr, the court in husrler found it impossible hustker take a particular issue of an underground newspaper as a whole in its 95. Appellant interprets hustelr alleged conflict between Head and Scherr as a statement that the proper rule is that a court's hustker that a particular publication must be taken as a hustker is limited to the publication before the court and possesses no precedential value. We huustler accept appellant's contention. It is possible that any value attributable to Kois, Head, and Scherr is limited to newspapers.

While a magazine usually is not as thematically integrated as a book or a movie, it certainly is more so than a newspaper. The holding of the California court was merely that a municipal hust,er would not exceed its jurisdiction if it proceeded with the case. The court hustoer refused to give the defendant a petition for prohibition which would have husgler the municipal court proceeding. While the court stated in dicta that a different rule might be hustleer to newspapers 199 found no authority for the proposition that a newspaper containing obscene material Must be held non-obscene because it also contained 1979 hustler 950 of social importance, it did not reach the obscenity issue.

The court merely preferred to wait for the result in the trial court after full use of trial and pre-trial procedures before it made an independent review of the obscenity of the newspaper in question. Even if appellant's case-by-case analysis is a correct statement of the law, the magazines in question resemble the newspaper examined in Head more than the Scherr newspaper. While the parts of a magazine may not be interrelated in the same manner as a particular episode in a novel to the balance of the book, it is the interrelation between the various features or articles of a magazine and the magazine's basic editorial philosophy or purpose that is significant.

The editorial policy acts as a boundary within which each item detailed in the magazine must be found. Each feature and article must be consistent with that policy. See Pinkus v. The features of the January issue of "Playboy" are consistent with the editorial philosophy. Included are two short stories dealing with sport themes, a panel discussion on unidentified flying objects, an interview with philosopher Jean-Paul Sartre, an interview with Alex Haley, a series of articles about movie making, reviews of records, books, and movies, an advice column, features on menswear, grooming, food and drink, gift selections, and several features and pictorials dealing with sex or beautiful women.

The January issue of "Oui" includes an article concerning obscenity and the First Amendment, an interview with Jacqueline Bisset, a piece about television shows that remain popular long after their demise, a spoof on revolutionary tactics, several short stories, reviews of movies and music, and several features and pictorials dealing with sex and nude women. Again, these items are consistent with the overall editorial policy of "Oui. The editorial policy of the publishers of "Penthouse" is similar to the policy of "Playboy. Consistent with its editorial policy, the January issue of "Penthouse" contained an article about Foreign Affairs Advisor Brzezenski, an article entitled "Africa, Jimmy Carter's Vietnam," reviews of books, movies, music, theatre, films, and television, men's grooming aids, several short stories fiction and non-fictionas well as stories dealing with sex-related subjects and photographs of nude women including a detachable color photograph measuring 21 inches by 32 inches entitled "Pet Poster" that was included in the magazine.

Therefore, the entire magazine constitutes a work that must be "taken as a whole" when determining whether the magazines possess serious value. Each of the magazines contains articles possessing serious value as was indicated by Judge Freeman when he described the contents of each magazine as follows: An examination of similar factors applicable to the magazines in question indicate serious value. All three magazines also attract advertising by national concerns.

Hustler 950 1979

The hustlre circulation of "Playboy" is slightly less hjstler five million copies and that of "Oui" is about one million copies. Each of these factors provide additional hhustler for the contention that any of the three magazines in question possess serious value. Only "Playboy," taken as a whole, appears to possess serious value. 1979 hustler 950 problem with "Penthouse" and "Oui" that distinguishes them from "Playboy" is huster the latter magazine possesses a significant content of literary matter including short stories, interviews, and panel discussions of great merit.

The inclusion of this literary matter in significant proportions precludes a finding that "Playboy" taken as a whole lacks serious literary, artistic, political or scientific value. The issue with respect to "Penthouse" and "Oui" is close but the numerous pictorials and obscene letters were not saved by the articles possessing some literary merit. Many of the accompanying photographs show her with legs outstretched and genitals bared, while she manipulates her breasts or her genitals. The pictorial presentation entitled "Tender Loving Carrie," in addition to the pictures described above, also includes a two-page color centerfold photograph in which the woman is pictured, legs apart, baring the outer and inner lips of her genitals and her anus.

Similar photographs appear in the pictorial presentation entitled "Belle D'Azur" and in the "Pet Poster.

Taken as a whole, "Penthouse" appears to lack serious value. The pictorial presentations entitled "Maria" and "Eve" included pictures of a woman in nude or semi-nude poses which exposed either their breasts or genitals or both. The pictorial presentation entitled "Two Girls in Paris" pictured two nude women in a manner suggesting or simulating homosexual conduct. Even when these items are viewed in conjunction with the articles possessing some literary merit, taken as a whole, "Oui" does not possess serious value. Respectfully, I cannot agree with Judge Thornberry's conclusion that the only act of "sexual conduct" as defined by Georgia law arguably depicted in the January issue of Oui and Penthouse was lewd exhibition of the genitals.

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