a. Justice Douglas, joined by Justice Black, argued that the
majority’s test punishes material that provokes “sexual thoughts,”
yet “the arousing of sexual thoughts and desires happens everyday in
normal life in dozens of ways.” The maj.’s obscenity test thus gives
the censor free range over a vast domain.
b. The problem with the maj’s standard is that it provides no
nexus between the material prohibited (porno) and the action which
the legislature seeks to prohibit (criminal-sexual conduct). It just
focuses on “prurient thoughts.”
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