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Brockett v. Spokane Arcades, Inc. : ウィキペディア英語版 | Brockett v. Spokane Arcades, Inc.
''Brockett v. Spokane Arcades, Inc.'', 472 U.S. 491 (1985), was a case in which the Supreme Court of the United States held that though portions of a law against obscenity and prostitution might be invalid, it would not be invalidated as a whole unless severing unconstitutional provisions would result in an unworkable law. The state law punished the publication of obscene materials. Obscene or lewd materials were defined by the law included all materials the appeal the prurient interest, among other things. Prurient was defined as material that incites lasciviousness or lust. The law was challenged as overbroad under the first amendment because material that arouses only a "normal, healthy interest in sex" is constitutionally protected, but was banned by the law. The court agreed with lower court rulings that the law was overbroad, however found that the entire statute could not be stricken. The code contained a severability provision indicating that the law should not be completely invalidated unless the one unconstitutional provision could not be stricken without making the law unworkable. The Court remanded the case to allow the lower court to decide if the objectionable provision could be stricken and the remainder of the law upheld. ==References== 〔
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「Brockett v. Spokane Arcades, Inc.」の詳細全文を読む
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