obscenity test (Ohio) · Go Syfert
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obscenity test in Ohio

12 Ohio opinions name it 3 courts 1966–2007 0 in the last five years

The cases below were cited by Ohio courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Ashcroft v. Free Speech Coalitiongreen
scotus · 2002 · cited in 1 Ohio opinions naming this issue, 2006–2006
1 sentence

2006The obscenity requirement, as well as the affirmative defenses available in R.C. 2907.321 (B)(1), combine to eliminate the majority of concerns the Supreme Court had that a picture in a psychology manual, a movie depicting the horrors of sexual abuse, adaptations of Shakespeare's works, or films such as "Traffic" or "American Beauty," would fall within the "wide sweep of the statute's prohibitions." Id. at 246-248. {¶ 90} Heilman's reliance on Tooley is likewise inapposite.

11
State v. Bistrickygreen
ohioctapp · 1990 · cited in 1 Ohio opinions naming this issue, 2006–2006
2 sentences

2006See State v. Bistricky (1990), 66 Ohio App.3d 395 , 397 , 584 N.E.2d 75 .

2006See State v. Bistricky (1990), 66 Ohio App.3d 395 , 397 , 584 N.E.2d 75 .

11
Kaplan v. Californiagreen
scotus · 1973 · cited in 1 Ohio opinions naming this issue, 1996–1996
2 sentences

1996See Kaplan v. California (1973), 413 U.S. 115 , 93 S.Ct. 2680 , 37 L.Ed.2d 492 ; Smith v. California (1959), 361 U.S. 147 , 80 S.Ct. 215 , 4 L.Ed.2d 205 .

1996See Kaplan v. California (1973), 413 U.S. 115 , 93 S.Ct. 2680 , 37 L.Ed.2d 492 ; Smith v. California (1959), 361 U.S. 147 , 80 S.Ct. 215 , 4 L.Ed.2d 205 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Miller v. California green
scotus · 1973
2 sentences

2001Thus, the test for child pornography is separate from the obscenity standard enunciated in Miller v. California (1973), 413 U.S. 15 .

1990D Defendant’s sixth assigned error argues the court erred by not instructing the jury that children are not to be considered part of the community in determining the “contemporary community standards” under the obscenity test set forth in Miller v. California (1973), 413 U.S. 15 , 93 S.Ct. 2607 , 37 L.Ed.2d 419 .

61990–2007
New York v. Ferber green
scotus · 1982
2 sentences

2003Ferber, 458 U.S. at 761 .

1990The Miller formulation is adjusted in the following respects: A trier of fact need not find that the material appeals to the prurient interest of the average person; it is not required that sexual conduct portrayed be done so in a patently offensive manner; and the material at issue need not be considered as a whole. * * *” (Emphasis added.) Ferber, supra, at 764 .

21990–2003
State v. Keaton green
ohioctapp · 1996
2 sentences

1998In fact, while affirming the exclusion of certain evidence in an obscenity case prior to the instant case, we stated that “[t]he trial court rulings did not deprive appellants of their right to introduce other evidence, including expert and lay testimony, concerning the obscenity test.” (Emphasis added.) State v. Keaton, 113 Ohio App.3d at 702 , 681 N.E.2d at 1379 .

1998In fact, while affirming the exclusion of certain evidence in an obscenity case prior to the instant case, we stated that “[t]he trial court rulings did not deprive appellants of their right to introduce other evidence, including expert and lay testimony, concerning the obscenity test.” (Emphasis added.) State v. Keaton, 113 Ohio App.3d at 702 , 681 N.E.2d at 1379 .

11998–1998
Smith v. California green
scotus · 1960
2 sentences

1996See Kaplan v. California (1973), 413 U.S. 115 , 93 S.Ct. 2680 , 37 L.Ed.2d 492 ; Smith v. California (1959), 361 U.S. 147 , 80 S.Ct. 215 , 4 L.Ed.2d 205 .

1996See Kaplan v. California (1973), 413 U.S. 115 , 93 S.Ct. 2680 , 37 L.Ed.2d 492 ; Smith v. California (1959), 361 U.S. 147 , 80 S.Ct. 215 , 4 L.Ed.2d 205 .

11996–1996
Pinkus v. United States green
scotus · 1978
2 sentences

1990Defendant’s reliance on Pinkus v. United States (1978), 436 U.S. 293 , 98 S.Ct. 1808 , 56 L.Ed.2d 293 , is misplaced.

1990Defendant’s reliance on Pinkus v. United States (1978), 436 U.S. 293 , 98 S.Ct. 1808 , 56 L.Ed.2d 293 , is misplaced.

11990–1990
State v. Carney neutral
ohioctapp · 1960
1 sentence

1966In addition to either the static or moving pinups, the court below made a specific finding in regard to one series of scenes in the film that, “two women, at least nude to the waist, going through actions that could lead to no conclusion in my opinion except that they were behaving like lesbians.” Lastly, as pointed out in State v. Carney, 113 Ohio App. 280 , the corporation may be equally guilty of an offense along with those individuals who perform the same acts on its behalf.

11966–1966

Statutes the citing opinions construe

OH § Ohio Rev. Code § 2907.01 (3) OH § Ohio Rev. Code § 2907.32 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

OH 12 (1966–2007) CA 11 (1968–2019) MD 9 (1961–2024) IL 8 (1985–2008) FL 7 (1971–2020) PA 6 (1981–2023) NC 5 (1987–2009) MN 4 (1972–2025) NM 4 (1991–2011) NJ 4 (1974–2025) IN 4 (1985–2014) MA 3 (1978–2007) CO 3 (1976–1989) IA 3 (2009–2026) VA 3 (2003–2009) WI 3 (1971–2006) MI 3 (1972–1979) LA 3 (1972–1973) SC 2 (1972–1997) NY 2 (1973–2001) UT 2 (1991–2021) TX 2 (1974–2009) NH 2 (1978–2008)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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