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''Sable Communications of California v. Federal Communications Commission'', , was a United States Supreme Court case involving the definition of "indecent material" and whether it is protected under the First Amendment to the United States Constitution. The Court invalidated part of a federal law that prohibited "dial-a-porn" telephone messaging services by making it a crime to transmit commercial telephone messages that were either "obscene" or "indecent".〔("''Sable Communications of California v. FCC''" ). ''oyez.org''. Retrieved 2011-03-14.〕〔("''Sable Communications of California, Inc. v. Federal Communications Comm'n''." ). ''Quimbee.com''. Retrieved 2011-04-30.〕 ==Obscenity versus indecency== The often tough question of what it is that makes material indecent or obscene was an important aspect of this case. The murky line between these two categories has been difficult to determine. In ''Butler v. Michigan'' (1957), when dealing with the sale of books containing adult material, the Court "reversed a conviction under a statute which made it an offense to make available to the general public materials found to have a potentially harmful influence on minors".〔〔(【引用サイトリンク】url=http://supreme.justia.com/us/352/380/ )〕 This case, however, did not deal with definitions. A case that did, which is one of the most crucial cases to this debate, was ''Miller v. California'' (1973), which involved the mailing of sexually explicit advertising brochures. From this case, the ''Miller'' test was established as a way to determine whether a work can be considered obscene. The test has three major criteria: *Whether the average person, applying contemporary community standards, would deem the work as appealing to the prurient interest, *Whether the work depicted sexual conduct, as defined by state law, in a patently offensive way, *Whether the work as a whole lacked serious literary, artistic, political, or scientific value. All three parts must be fulfilled for the material to be considered obscenity.〔 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Sable Communications of California v. FCC」の詳細全文を読む スポンサード リンク
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