An Objective Approach to Obscenity in the Digital Age

Authors

Ryan J. Adams

Document Type

Note

Abstract

(Excerpt)

This Note argues for an objective approach to international comparative law using the Hofstede Study as a guideline. Part I charts the modern history of obscenity jurisprudence, starting with Miller and going up to the current circuit split. Part II analyzes the problems of Miller and its progeny. Part III briefly considers the problems of the Ninth Circuit’s “national community” approach, applying arguments from Part II. Finally, Part IV identifies a methodology derived from the Eighth Amendment’s “evolving standards of decency” test which uses objective criteria to guide the development of a national standard which is informed by international law.