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The concern of this case is requiring the jury to apply the standard of the average person to material that a diverse group of people may look at. This will be judged by its impact on the average person and not the sensitive or insensitive person. It also suggests that no matter how precisely the definition is made it cannot possibly cover all situations of expression covered under the first Amendment...

Alexandria states that the first amendment protects works which, taken as a whole, have serious literary, artistic, political or scientific value, regardless of whether the government or a majority of the people approve the ideas.

In the case of Bantam Books, Inc. v. Sullivan, the courts decided that "sensitive tools" be used to carry out the "separation of legitimate from illegitimate speech...

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