The Report |
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Page 18
... federal Anti - Pandering Act went into effect and allowed recipients of unsolicited sexually provocative advertise- ments to request the Postmaster General to issue an order to the mailer to refrain from further mailings to the ...
... federal Anti - Pandering Act went into effect and allowed recipients of unsolicited sexually provocative advertise- ments to request the Postmaster General to issue an order to the mailer to refrain from further mailings to the ...
Page 37
... FEDERAL STATUTES There are presently five federal laws which prohibit distributions of " ob- scene " materials in the United States . One prohibits any mailing of such material ( 18 U.S.C. section 1461 ) ; another prohibits the ...
... FEDERAL STATUTES There are presently five federal laws which prohibit distributions of " ob- scene " materials in the United States . One prohibits any mailing of such material ( 18 U.S.C. section 1461 ) ; another prohibits the ...
Page 38
United States. Commission on Obscenity and Pornography. The cost to the federal government of enforcing the five federal statutes generally prohibiting the distribution of obscene materials appears to be at least $ 3 to $ 5 million per ...
United States. Commission on Obscenity and Pornography. The cost to the federal government of enforcing the five federal statutes generally prohibiting the distribution of obscene materials appears to be at least $ 3 to $ 5 million per ...
Page 39
... federal courts have held that the Stanley decision gives constitutional protection to some distributions of obscen- ity , as well as to its private possession . Specifically , courts have held unconstitu- tional the federal importation ...
... federal courts have held that the Stanley decision gives constitutional protection to some distributions of obscen- ity , as well as to its private possession . Specifically , courts have held unconstitu- tional the federal importation ...
Page 49
... Federal Government has special responsibilities for continuing research in these areas and has existing structures which can facilitate further inquiry . Many of the questions raised about obscenity and pornography have direct relevance ...
... Federal Government has special responsibilities for continuing research in these areas and has existing structures which can facilitate further inquiry . Many of the questions raised about obscenity and pornography have direct relevance ...
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...