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Page 38
... Roth v . United States , the Court held that such laws were constitutional , but it required that they utilize a narrowly restrictive standard of what is " obscene . " 5 - The cost to the Post Office Department in fiscal 1968 is ...
... Roth v . United States , the Court held that such laws were constitutional , but it required that they utilize a narrowly restrictive standard of what is " obscene . " 5 - The cost to the Post Office Department in fiscal 1968 is ...
Page 39
... Roth deci- sion did not rely upon findings or conclusions regarding the effect of sexual materials upon persons who are exposed to them . Rather , the fundamental premise of Roth was that " obscene " materials are not entitled to the ...
... Roth deci- sion did not rely upon findings or conclusions regarding the effect of sexual materials upon persons who are exposed to them . Rather , the fundamental premise of Roth was that " obscene " materials are not entitled to the ...
Page 40
... Roth criteria to specific materials requires a great deal of subjective judgment because the criteria refer to emotional , aesthetic and intellectual responses to the material rather than to descriptions of its con- tent . As noted ...
... Roth criteria to specific materials requires a great deal of subjective judgment because the criteria refer to emotional , aesthetic and intellectual responses to the material rather than to descriptions of its con- tent . As noted ...
Page 42
... Roth case do not apply to statutes which do not seek to interfere with the right of adults to read or see material of their own choice . In 1967 , in Redrup v . New York the Supreme Court noted that , in contrast with general obscenity ...
... Roth case do not apply to statutes which do not seek to interfere with the right of adults to read or see material of their own choice . In 1967 , in Redrup v . New York the Supreme Court noted that , in contrast with general obscenity ...
Page 301
... Roth v . United States , 37 which narrowly formulated the definition of " obscene " 30 31 32 E.g. , Mich . Rev. Stat . ( 1846 ) , title XXX , ch . 158 , Section 13 . 5 Stat . 566 , Section 28 . 13 Stat . 507 . 33 7 N.Y. Stats . 309 . 34 ...
... Roth v . United States , 37 which narrowly formulated the definition of " obscene " 30 31 32 E.g. , Mich . Rev. Stat . ( 1846 ) , title XXX , ch . 158 , Section 13 . 5 Stat . 566 , Section 28 . 13 Stat . 507 . 33 7 N.Y. Stats . 309 . 34 ...
Common terms and phrases
Abelson adolescents adults advertising American appears attitudes Attorney Code Commission on Obscenity community standards constitutional cunnilingus decision delinquency depictions dissemination distribution effects erotic films erotic materials erotic stimuli erotica exhibition experience with erotic explicit sexual materials exploitation films exposure to erotic Fanny Hill federal females Government Printing Office groups heterosexual homosexual human sexuality intercourse issue judged Justice juvenile law enforcement legislation magazines majority males masturbation minors moral motion picture MPAA nude obscene materials Obscenity and Pornography obscenity laws offenses opinion Panel Report percent problem prohibitions prurient interest recommendations redeeming social responses retail Roth Roth standard Section sex crimes sex education sex offenders sex organs sexual activity sexual arousal sexual behavior sexual content sexual intercourse sexually oriented social value stag films Supreme Court survey Technical reports theaters U.S. Government Printing United young persons
Popular passages
Page 431 - American courts adopted this standard but later decisions have rejected it and substituted this test : whether to the average person, applying contemporary community standards, the dominant theme of the material taken as a whole appeals to prurient interest.
Page 544 - Vice is a monster of so frightful mien, As, to be hated, needs but to be seen; Yet seen too oft, familiar with her face, We first endure, then pity, then embrace.
Page 612 - ... All ideas having even the slightest redeeming social importance — unorthodox ideas, controversial ideas, even ideas hateful to the prevailing climate of opinion — have the full protection of the guaranties, unless excludable because they encroach upon the limited area of more important interests. But implicit in the history of the First Amendment is the rejection of obscenity as utterly without redeeming social importance.
Page 449 - Under this definition, as elaborated in subsequent cases, three elements must coalesce: it must be established that (a) the dominant theme of the material taken as a whole appeals to a prurient interest in sex; (b) the material is patently offensive because it affronts contemporary community standards relating to the description or representation of sexual matters; and (c) the material is utterly without redeeming social value.
Page 430 - There are certain well-defined and narrowly limited classes of speech, the prevention and punishment of which have never been thought to raise any Constitutional problem. These include the lewd and obscene, the profane, the libelous, and the insulting or "fighting" words— those which by their very utterance inflict injury or tend to incite an immediate breach of the peace.
Page 455 - ... the business of purveying textual or graphic matter openly advertised to appeal to the erotic interest of their customers.
Page 468 - It is not the book that is on trial; it is a person. The conduct of the defendant is the central issue, not the obscenity of a book or picture. The nature of the materials is, of course, relevant as an attribute of the defendant's conduct, but the materials are thus placed in context from which they draw color and character. A wholly different result might be reached in a different setting. The personal element in these cases is seen most strongly in the requirement of scienter. Under the California...
Page 430 - All ideas having even the slightest redeeming social importance — unorthodox ideas, controversial ideas, even ideas hateful to the prevailing climate of opinion — have the full protection of the [First Amendment] guaranties, unless excludable because they encroach upon the limited area of more important interests.
Page 315 - State may not constitutionally inhibit the distribution of literary material as obscene unless "(a) the dominant theme of the material taken as a whole appeals to a prurient interest in sex; (b) the material is patently offensive because it affronts contemporary community standards relating to the description or representation of sexual matters; and (c) the material is utterly without redeeming social value...
Page 490 - Members of the commission shall serve without compensation but shall be reimbursed for necessary expenses incurred in the performance of their duties. The...