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United States that the test for obscenity was “whether to incesttaboo the average person, applying contemporary community standards, the dominant theme of the material, taken as a whole, appeals to the prurient interest.” I think it is fair to say that the consistent sexual lewdness within the facebook group would incesttaboo be classified by the average community member as such. 4) According to judgements made in 1988’s Hustler Magazine v. Falwell, the “actual malice” standard to intentional infliction incesttaboo of emotional distress, wherein the speaker has “knowledge that the statement was false” or shows “reckless disregard as to whether or not it was true.” Clearly Ms Womble’s comment meets this definition. 5) Had Syracuse University done nothing regarding this group, it would clearly be a case of a Prima facie case for sexual harassment, hostile environment.
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