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Jeanne Criscola Criscola Design

free speech first amendment censorship

  
CASE NAME: Contemporary Arts Center v. Ney
CITATION: 735 F.Supp. 743 (S.D. Ohio 1990)
Topics: Obscenity

City officials found the Contemporary Arts Center’s (CAC) photographic exhibit obscene and charged it with violating Ohio obscenity laws. In this case the CAC sought a court order to prevent city officials from interfering with its exhibit.

The court found that obscenity is not protected speech under the First Amendment. However, it acknowledged that what is “obscene” is determined by a community standards test. Until such a determination is made, there may not be a seizure of the alleged obscene items. Since there had not been a judicial finding that the photographs in the exhibit were obscene, they were therefore protected by the First Amendment. The court issued a preliminary injunction to prevent city officials from interfering with the exhibit.
These materials are not intended, and should not be used, as legal advice. They necessarily contain generalizations that are not applicable in all jurisdictions or circumstances. Moreover, court decisions may be superceded by subsequent rulings, and may be subject to alternative interpretations. Corrections, clarification, and additions are welcome. Please send to ncac@ncac.org.

 

 

 

 

 

 

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