試題詳解

59 According to Judicial Yuan Interpretation No. 617, which of the following is CORRECT statement regarding Article 235 of the R.O.C. Criminal Code?
(A) A sexually explicit material is per se unprotected by Article 11 of the Constitution due to its lacking ofartistic, medical or educational value.
(B) A sexually explicit material will not be classified as “obscene” under Article 235 if, by objectivestandard, it cannot stimulate or satisfy a prurient interest.
(C) The meaning of the term “obscene” is incomprehensible to the general public or to those who are subjectto regulation, and therefore Article 235 is unconstitutional due to its violating the principle of clarity anddefiniteness of law.
(D) Article 235 imposes excessive restrictions on the expression of sexually explicit material and thereforeconstitutes an unreasonable restraint on the people’s freedom of speech and publication.