Friday, March 20, 2020

Eating Gilbert Grape

What's Eating Gilbert Grape? is a rich, memorable and stunningly acted story of desire colliding with responsibility. It catches many an eye with its dramatic, yet solemn storyline and creative technical features. The films major themes are well presented throughout the plot, largely due to the marvellous talents of the majority of the cast. Many people are drawn to this film because of their ability to relate personally to the major themes and issues raised. It is obvious that the target audience for this film is the average teenager in a family situation. At some point in family life, every teen is going to feel as if they are suffering. Whats Eating Gilbert Grape? allow its teenage viewers to compare their so-called hardships with that of a truly dysfunctional family. The use of creative technical features throughout the film adds greatly to its appeal. The mid-western sunsets and sprawling fields are beautifully photographed, making the atmosphere of the town intensely real. One of the most perfectly realised scenes focused on the grand opening of a burger franchise, Burger Barn, attended by the entire town and accompanied by the off-key high school band. Not a single note in the depiction of Endora rang false. Gilbert Grape (Johnny Depp) is a young man living in rural Endora who faced incredible responsibilities. As the man of the house since his father's suicide, Gilbert was forced to support the family by working at the local grocery store. He also had to watch over his mentally handicapped brother Arnie (Leonardo DiCaprio) and help care for his extremely overweight mother (Darlene Cates). Gilbert seemed destined to spend the rest of his life in the small town until the arrival of Becky (Juliette Lewis) to Endora, a free spirit passing through with her grandmother when their truck broke down. As he spent time with Becky, Gilbert began to think about all the things...

Wednesday, March 4, 2020

Miller Test Used for Defining Obscenity in U.S. Courts

Miller Test Used for Defining Obscenity in U.S. Courts The Miller test is the standard used by courts to define obscenity. It  comes from the 1973 Supreme Courts 5-4 ruling in Miller v. California,  in which Chief Justice Warren Burger, writing for the majority, held that obscene material is not protected by the First Amendment. What Is the First Amendment? The First Amendment is the one that guarantees Americans’ freedoms. We can worship in any faith we choose, whenever we choose. The government cannot restrict these practices. We have the right to petition the government and to assemble. But the First Amendment is most commonly known as our right to freedom of speech and expression. Americans can speak their minds without fear of reprisal. The First Amendment reads like this: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. The 1973 Miller v. California Decision   Chief Justice Burger stated the Supreme Courts  definition of obscenity:  Ã‚   The basic guidelines for the trier of fact must be: (a) whether the average person, applying contemporary community standards would find that the work, taken as a whole, appeals to the prurient interest ... (b) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law, and (c) whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value. If a state obscenity law is thus limited, First Amendment values are adequately protected by ultimate independent appellate review of constitutional claims when necessary. To put it in laymans terms, the following questions must be answered:   Is it pornography?Does it actually show sex?Is it otherwise useless? So What Does This Mean?   Courts have traditionally held that the  sale and distribution of obscene material are not protected by the First Amendment. In other words, you can speak your mind freely, including the distribution of printed materials, unless youre promoting or talking about something obscene based on the above standards. The guy standing next to you, an Average Joe, would be offended by what youve said or distributed. A sexual act is depicted or described. And your words and/or materials serve no other purpose but to promote this obscenity.   The Right to Privacy   The First Amendment applies only to disseminating pornography or obscene materials. It doesnt protect you if you share the materials or shout from the rooftop for all to hear. You can, however, quietly possess those materials for your own use and enjoyment because you also have a constitutional right to privacy.  Although no amendment specifically states this, several amendments pay lip service to the issue of privacy. The Third Amendment protects your home against unreasonable entry, the Fifth Amendment protects you against self-incrimination and the Ninth Amendment generally supports your right to privacy because it upholds the Bill of Rights. Even if a right is not specifically stated in the first eight amendments, it’s protected if it’s alluded to in the Bill of Rights.