Defining community standards in the age of Google

As we remember George Carlin, it is fitting that the meaning of "community standards" in the court's definition of obscenity is being questionned.

clipped from arstechnica.com By John Timmer | Published: June 24, 2008 - 11:46AM CT In the US legal system, judges and juries have to walk a fine line when they weigh the difference between illegal obscenity and content that's protected by the First Amendment. The controlling precedent is the Supreme Court's decision in Miller v. California, but the wording of that decision still leaves those making the ultimate decisions faced with determining what the "contemporary community standards" are. Now, a case in Florida is going to be asking jurors to decide whether Google search terms are an accurate measure of a community's standards. For those in Florida, an interest in "boobs" trumps more mundane concerns like surfing and orgies. Still, it could be argued that citizens are increasingly finding their communities online, and that search terms provide a more accurate measure of community interest than actual purchases and rentals.