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" 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. "
The Report - Page 431
by United States. Commission on Obscenity and Pornography - 1970 - 646 pages
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 431

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1976 - 1102 pages
...The Roth Court explained the derivation and importance of the community standards test as follows: "The early leading standard of obscenity allowed material...standards, the dominant theme of the material taken as a whole appeals to prurient interest. The Hicklin test, judging obscenity by the effect of isolated...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 354

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1957 - 668 pages
...the Court. excerpt upon particularly susceptible persons. Regina v. Hicklin, [1868] LR 3 QB 360.24 Some American courts adopted this standard " but later...standards, the dominant theme of the material taken as a whole appeals to prurient interest.28 The Hicklin test, judging obscenity by the effect of isolated...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 354

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1957 - 668 pages
...susceptible persons. Regina v. Hicklin, [1868] LR 3 QB 360.24 Some American courts adopted this standard M but later decisions have rejected it and substituted...standards, the dominant theme of the material taken as a whole appeals to prurient interest.26 The Hicklin test, judging obscenity by the effect of isolated...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 354

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1957 - 670 pages
...susceptible persons. Regina v. Hicklin, [1868] LR 3 QB 360.24 Some American courts adopted this standard 25 but later decisions have rejected it and substituted...standards, the dominant theme of the material taken as a whole appeals to prurient interest.26 The Hicklin test, judging obscenity by the effect of isolated...
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Committee Prints

United States. Congress. House. Committee on Post Office and Civil Service - 1957 - 834 pages
...formuated by the modern American cases are proper and may be expressed as follows: The test of obscenity is whether, to the average person, applying contemporary community standards, the dominant theme of the questioned material, taken as a whole, appeals to prurient interest. These standards make the concept...
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Mailing of Obscene Matter: Hearings Before Subcommittee No. 1, Committee on ...

United States. Congress. House. Committee on the Judiciary. Subcommittee No. 1 - Obscenity (Law) - 1958 - 138 pages
...particularly susceptible persons" does not pertain ix' American law, and we have adopted the standard "whether to the average person, applying contemporary...standards, the dominant theme of the material taken as a whole appears to prurient interest." The Court went on to say in the Roth case, '.'The Hicklin...
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Detention of Mail for Temporary Periods: Hearings ... Eighty-sixth Congress ...

United States. Congress. House. Committee on Post Office and Civil Service - National security - 1959 - 110 pages
...established standards in accordance with which the definition must be applied in the following statement : whether to the average person, applying contemporary...standards, the dominant theme of the material taken as a whole appeals to prurient interest. (354 US 476 (1957), 489.) This formula expressly provides...
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Obscene Matter Sent Through the Mail: Hearing Before the Subcommittee on ...

United States. Congress. House. Committee on Post Office and Civil Service - Literature, Immoral - 1959 - 142 pages
...by the modern American cases are proper and may be expressed as follows : The test of obscenity is whether, to the average person, applying contemporary community standards, the dominant theme of the questioned material, taken as a •whole, appeals to prurient interest. These standards make the concept...
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Obscene Matter Sent Through the Mail

United States. Congress. House. Committee on Post Office and Civil Service - Pornography - 1959 - 76 pages
...formulated by the modern American cases are proper and may be expressed is follows: The test of obscenity is whether, to the average person, applying contemporary community standards, the dominant theme of the questioned material, taken as a whole, appeals to prurient interest. These standards make the concept...
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Control of Obscene Material: Hearings, Eighty-sixth Congress, First and ...

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Constitutional Amendments, United States. Congress. Senate. Committee on the Judiciary. Subcommittee to Investigate Juvenile Delinquency - Juvenile delinquency - 1960 - 178 pages
...determination that certain matter is obscene necessarily entails a finding of fact. The test for obscenity is "whether to the average person, applying contemporary...standards, the dominant theme of the material taken as a whole appeals to prurient interest." Roth v. US (354 US 476). As in a criminal proceeding, there...
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