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Cal. man?s conviction for showing nude film to minor reversed for lack of evidence

By Alliance Alert

People v. David Lawrence Dyke: First, applying a ?contemporary adult standard,? the court pointed out that not all nudity and not all ?portrayals of sexual activity are ?necessarily obscene?; secondly, that it was impossible for the jury, based on the evidence provided, to determine whether the television clips observed contained ?harmful matter? under California code and the Miller test?especially with regard to the issue of artistic merit.

Full post as published by Constitutionally Correct on April 16, 2009 (boomark / email).