Antiobscenity Legislation: Hearings, Ninety-first Congress ...Considers H.R. 5171 and 183 related bills, to prohibit the mailing of pornographic materials to minors, and to prohibit the unsolicited mail of pornographic materials. |
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Page 9
... enact legislation of the thrust of these two administration bills . This legislation was carefully drafted so as not to ... enacted in the last Con- gress , is there by reason of his long and patient and convincing sup- port of that ...
... enact legislation of the thrust of these two administration bills . This legislation was carefully drafted so as not to ... enacted in the last Con- gress , is there by reason of his long and patient and convincing sup- port of that ...
Page 12
... enacted a statute which would protect children from obscenity and yet conform to the court imposed requirements of ... enact a statute which employed different standards for judging the obscene character of material for children than for ...
... enacted a statute which would protect children from obscenity and yet conform to the court imposed requirements of ... enact a statute which employed different standards for judging the obscene character of material for children than for ...
Page 13
... enact legislation of the type I propose , I would reply that I believe Con- gress has authority because the ... enacted laws in Title 28 of the U.S. Code describing the instances where an appeal may be carried to higher courts ...
... enact legislation of the type I propose , I would reply that I believe Con- gress has authority because the ... enacted laws in Title 28 of the U.S. Code describing the instances where an appeal may be carried to higher courts ...
Page 14
... enacted a statute withdrawing ap- pellate jurisdiction from the Court in certain habeas corpus proceedings ( 15 Stat . 44 , 1868 ) and the Court then dismissed the McCardle appeal for want of juris- diction . Later decisions were ...
... enacted a statute withdrawing ap- pellate jurisdiction from the Court in certain habeas corpus proceedings ( 15 Stat . 44 , 1868 ) and the Court then dismissed the McCardle appeal for want of juris- diction . Later decisions were ...
Page 27
... enacted as a state law in the way in which I have drafted it . Mr. HUTCHINSON . I think I would agree with you there . The other question I have is this : In looking through your bill , I don't believe I see any definition of the term ...
... enacted as a state law in the way in which I have drafted it . Mr. HUTCHINSON . I think I would agree with you there . The other question I have is this : In looking through your bill , I don't believe I see any definition of the term ...
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Common terms and phrases
1ST SESSION H. R. 71 of title addressee adult advertising affirmative defense amended by adding BIESTER buttocks Chairman chapter 71 character and content child committee constitutional definition delivery depiction of covered depicts nudity designed to primarily discernibly turgid distribution enacted Fanny Hill Federal female genitals flagellation gentleman harmful to minors homosexuality House of Representa human male imprisoned interstate commerce Judiciary A BILL KASTEN MEIER KASTENMEIER knowingly legislation magazine Mailing obscene matter male or female matter to minors MIKVA offense thereafter person or portion POFF pornographic material pornography Postmaster primarily appeal problem protect prurient interest pubic area redeeming social value REHNQUIST REPRESENTATIVE IN CONGRESS Roth sexual intercourse smut smut peddlers sodomy statement statute subcommittee subsection Supreme Court term nudity term sexual conduct term sexual excitement Thank tion title 18 U.S. Supreme Court United States Code unsolicited violating York
Popular passages
Page 301 - Obscene" means that to the average person, applying contemporary standards, the predominant appeal of the matter, taken as a whole, is to prurient interest, ie, a shameful or morbid interest in nudity, sex or excretion, which goes substantially beyond customary limits of candor in description or representation of such matters and is matter which is utterly without redeeming social importance.
Page 171 - 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 477 - 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 407 - 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. It has been well observed that such utterances are no essential part of any exposition of ideas, and are of such slight social value as a step to truth that any benefit that may be derived from them is clearly outweighed by the social interest in order and morality.
Page 526 - Service, or takes or receives therefrom, any such matter or thing, or knowingly causes to be delivered by mail according to the direction thereon, or at the place at which it is directed to be delivered by the person to whom it is addressed, any such matter or thing, shall be fined not more than $1,000 or imprisoned not more than five years, or both.
Page 148 - 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 500 - Whoever violates any of the provisions of this subsection shall, upon conviction, be fined not more than $5,000, or imprisoned for not more than five years, or both. (d) The term "person" as used in this section means an individual partnership, corporation or association.
Page 254 - In none was there any suggestion of an assault upon individual privacy by publication in a manner so obtrusive as to make it impossible for an unwilling individual to avoid exposure to it.
Page 232 - If the First Amendment means anything, it means that a State has no business telling a man, sitting alone in his own house, what books he may read or what films he may watch.
Page 353 - The Third Amendment in its prohibition against the quartering of soldiers "in any house" in time of peace without the consent of the owner is another facet of that privacy. The Fourth Amendment explicitly affirms the "right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.