The university's Art department wants to raise money for a scholarship fund. It decides to publish and sell a book of student photographs. Several of the photos involve nudes - full nudity, everything clearly visible, one person per photo. Some would be considered highly offensive to a reasonable person. The city has an ordinance that fits the Miller test. Selling the book would be a violation of the city's obscenity ordinance.

Question

The university's Art department wants to raise money for a scholarship fund. It decides to publish and sell a book of student photographs. Several of the photos involve nudes - full nudity, everything clearly visible, one person per photo. Some would be considered highly offensive to a reasonable person. The city has an ordinance that fits the Miller test. Selling the book would be a violation of the city's obscenity ordinance.

Quizplus · Accepted Answer

First of all, the Court held in Jenkins "nudity alone is not enough to make material legally obscene." Assuming no one remembers that quote, using the Miller test demonstrates it is not obscene. There is no sexual activity (conduct), which is required for obscenity. It is also arguable that the work taken as a whole does not apply to the prurient interest since the nudes are only "several" of the photos. Finally, it is probably true that the work taken as a whole would have serious artistic value especially since it's produced by the Art department.

The University's Art Department Wants to Raise Money for a Scholarship