1. C.J.S. Obscenity §§ 1–8.]
“Both pruriency and patent offensiveness are determined by ‘contemporary community standards.’ But what is the relevant community? In Miller [v. California], the Court rejected the contention that only a national community standard, free of local biases, would provide adequate First Amendment protection and allowed lower courts to use local standards in defining what is obscene. Subsequent cases have made it clear that the state may choose to omit reference to any particular geographic community, state or local, although it may do so. If a geographic reference is omitted, each jury is free to ascertain the contemporary community standard.” Jerome A. Barron & C. Thomas Dienes, Constitutional Law in a Nutshell 396 (3d ed. 1995).
