It can be argued we need cops, but there are many who
have psychological issues that prevent them from being
New Yawker, would you consider yourself to be a good
judge of who should/shouldn\'t post here or whether they\'re
ATC, i could handle the job well enough. All it takes is a little common sense and reasonable awareness. This is a community forum. It is not free for all to spew nonsense. This has been studied and determined by many more learned than me, therefore I have no problem letting others speak on the issue in its purest form. One MUST be a non absolutlist when it comes to these supposed freedoms. An easy guide is the miller test.
Miller Test: (1) Is it highly offensive to a reasonable person in the (local) community; (2) Does the speech lack serious artistic, litieray, political, scientific value; (2) Does the speech appeal to the prurient interests.
The Miller test is more particularly described as follows:
1. Whether the average person applying contemporary community standards would find the work taken as a whole appeals to prurient interest?
2. Is the speech specifically defined and presented in a pattonly offense way? (Due Process/Notice prong)
3. Does the speech lack any serious literary, scientific or political value? (Value Prong)
Under Roth/Memoirs analysis:
1. Is the speech without redeeming social value or importance?
2. Deals with sex in a manner that appeals to prurient interest?
3. Taken as whole offends the common conscience of the community by present day standards?
Wheelmans speech is not allowable by law, nor common interest, therefore should be censored. It fails on all bold accounts above.