With respect to the first factor of our contextual analysis, we find that the material is explicit and graphic. The material clearly depicts a woman’s naked breasts, which are sexual organs. In this respect, this case is similar to other cases in which we have held depictions of nudity to be graphic and explicit. The fact that the guest’s nipples are covered with jewelry does not render the depiction of her breasts, which were otherwise fully exposed, insufficiently graphic to weigh in favor of a finding of patent offensiveness. Here, the audience had a sustained view of the guest’s breasts from several different angles, and the dress only served to enhance the view.And no, that is not referring to the Super Bowl.
ETA: If you can, check out page 27, under "The Pursuit of D.B. Cooper." Sorry Founding Fathers, but Section 87 is the most amazing passage I've seen in a federal document.
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