Provide one example of the use of expert testimony by defendants in obscenity trials that was discussed in Chapter 13.

What will be an ideal response?

Two examples were provided in Chapter 13, either one of which correctly answers the question: 1) When the Cincinnati Contemporary Arts Center was prosecuted for obscenity in 1990 for a display of photographs by Robert Mapplethorpe (some photos featured homoerotic and sadomasochistic images), defense attorney H. Louis Sirkin used experts from the art world (museum directors and curators) to testify before the jury about the serious artistic value of the photos. The testimony proved pivotal in gaining an acquittal for the museum. 2) Today, when adult DVDs and videos are prosecuted as obscene, defense attorneys often call sex therapists and experts from places like the Kinsey Institute for Research in Sex, Gender and Reproduction to describe how the content is used by normal couples to stimulate their own sex lives, learn about different sexual practices and open up discussion about their sexual habits. In other words, adult DVDs and videos can have serious educational value. Such was the case in 2000 when a jury of 12 women near St. Louis, MO, found two adult videos featuring anal, oral, and vaginal sex among women and between men and women were not obscene after hearing testimony from sex therapist Dr. Mark F. Schwartz of the Masters and Johnson clinic.

Communication & Mass Media

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Communication & Mass Media