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RESOLUTION NO. /C..:< 7'/.f
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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
S Miller v. California (1973) 413 U.S. 15, has removed the require-
6 ment that material be "utterly without redeeming social impor-
7 tance" in order to obtain a conviction for violation of
8 obscenity statutes; and
9 WHEREAS, Penal Code Section 311 has not been amended to
10 take advantage of this relaxation of definition requirements
11 since the date of the Miller decision; and
12 WHEREAS, it is extremely difficult to prove beyond all
13 reasonable doubt that any material is "utterly without redeeming
14 social importance", resulting in a virtual free hand for porno-
15 graphers to distribute obscene materials throughout the State
16 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
20 amend Penal Code Section 311 by removing the requirement that
21 matter be "utterly without redeeming social importance" as a
22 necessary part of the definition of obscene matter.
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SECTION 2. The Mayor and Cornmon Council of the City of
24 San Bernardino herewith authorize and direct the City Clerk of
25 the City of San Bernardino to transmit by the most expeditious
26 means a copy of this Resolution to each local legislative
27 representative in the California State Legislature and to the
28 League of California Cities.
IV'EW BU"s/~.cF~
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1 I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and Common Council of the City of San
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, 1977, by the following
Bernardino at a
on the /# day of
meeting thereof, held
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vote, to wit:
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Councilmen ~""'~~ ~ ~7
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AYES:
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NAYS:
ABSENT:
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The foregoing resolution
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, 1977.
of
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FILED
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