context: P 80. The view that we adopt today is shared by numerous other state and federal courts, as the failure of a defendant to demonstrate how an abstract question regarding the availability of sexually explicit materials relates to the material for which prosecution is being sought.
citation_a.signal: see
citation_a.parenthetical: the absence of any connection between the willingness, the lack of willingness, or the indifference of a group to the sale of sexually explicit magazines of the showing of sexually explicit films and whether the particular sexual conduct involved in the case was depicted in a patently offensive manner made the survey evidence irrelevant
citation_a.sentence: See Commonwealth v. Trainor, 374 N.E.2d 1216 (Mass. 1978) (the absence of any connection between the willingness, the lack of willingness, or the indifference of a group to the sale of sexually explicit magazines of the showing of sexually explicit films and whether the particular sexual conduct involved in the case was depicted in a patently offensive manner made the survey evidence irrelevant); see also State v. Roland, 362 S.E.2d 800, 804 (N.C. App. 1987) (evidence of survey responses following questions dealing primarily with public tolerance of sexually explicit materials in general, rather than with acceptance of the materials under scrutiny, was properly disallowed as being irrelevant); State v. Williams, 598 N.E.2d 1250, 1257 (Ohio App. 1991) ("On the issue of relevance, the poll must be relevant to a determination of both community standards in general and the community's acceptance of viewing the particular film in question." (emphasis supplied)).
citation_b.signal: see also
citation_b.identifier: 598 N.E.2d 1250, 1257
citation_b.parenthetical: "On the issue of relevance, the poll must be relevant to a determination of both community standards in general and the community's acceptance of viewing the particular film in question." (emphasis supplied
citation_b.sentence: See Commonwealth v. Trainor, 374 N.E.2d 1216 (Mass. 1978) (the absence of any connection between the willingness, the lack of willingness, or the indifference of a group to the sale of sexually explicit magazines of the showing of sexually explicit films and whether the particular sexual conduct involved in the case was depicted in a patently offensive manner made the survey evidence irrelevant); see also State v. Roland, 362 S.E.2d 800, 804 (N.C. App. 1987) (evidence of survey responses following questions dealing primarily with public tolerance of sexually explicit materials in general, rather than with acceptance of the materials under scrutiny, was properly disallowed as being irrelevant); State v. Williams, 598 N.E.2d 1250, 1257 (Ohio App. 1991) ("On the issue of relevance, the poll must be relevant to a determination of both community standards in general and the community's acceptance of viewing the particular film in question." (emphasis supplied)).