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RESOLUTION NO.
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2 RESOLUTION OF THE CITY OF SAN BERNARDINO URGING THE STATE
LEGISLATURE TO AMEND PENAL CODE SECTION 311 RELATING TO THE
3 DEFINITION OF OBSCENE MATERIAL.
4 WHEREAS, the United States Supreme Court, in the case of
5 Miller v. California, 413 U.S. 15 (1973), has approved the
6 permissive removal of requirement that obscene material be
7 "utterly without redeeming social importance" in order to
8 constitute a violation of obscenity statutes; and
9 WHEREAS, Penal Code Section 311 has not been amended to
10 change such definition requirement since the date of the Miller
11 decision; and
12 WHEREAS, it is extremely difficult to prove beyond a
13 reasonable doubt that obscene material is "utterly without redee -
14 ing social importance" and some pornographers are thus able to
15 violate the law and distribute obscene materials throughout the
16 State of California;
17 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
18 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The State Legislature is hereby urged to amen
20 Penal Code Section 311 by removing the requirement that matter b
21 "utterly without redeeming social importance" as a necessary
22 part of the definition of obscene matter.
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SECTION 2. The City Clerk is hereby instructed to cause
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a copy of this resolution to be forwarded to our local members
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of the Legislature of the State of California and to the League
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of California Cities.
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I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
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Bernardino at a ~~
the 6(/ ~ day of ~
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3 vote, to wit:
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AYES:
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NAYS:
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ABSENT:
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meeting thereof, held on
, 1977, by the following
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hereby approved this ~~
day of
The foregoing resolution is
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, 1977.
APpro~a~as to form:
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FI.LED
NOV 2 8 1977
LU;~t)E ~:FORTH, City Clerk
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