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 iv
... Publishers Council , Inc .. Rehnquist , Hon . William H. , Assistant Attorney General , Office of Legal Counsel , Department of Justice , accompanied by : John W. Dean III , Associate Deputy Attorney General , and Robert G. Mahony ...
... Publishers Council , Inc .. Rehnquist , Hon . William H. , Assistant Attorney General , Office of Legal Counsel , Department of Justice , accompanied by : John W. Dean III , Associate Deputy Attorney General , and Robert G. Mahony ...
Page 47
... publisher or shipper bends the other way and can produce some very harsh results . Mr. BIESTER . What minor , say , 14 or 15 years of age , who would take the trouble to spend whatever it might be that these things cost to get the ...
... publisher or shipper bends the other way and can produce some very harsh results . Mr. BIESTER . What minor , say , 14 or 15 years of age , who would take the trouble to spend whatever it might be that these things cost to get the ...
Page 49
... publishers are guilty or not ? Mr. REHNQUIST . No , I don't think so , Congressman . I am not saying that it is inconceivable that the New York Times could publish any- thing that might not come in here . But I think if you have a ...
... publishers are guilty or not ? Mr. REHNQUIST . No , I don't think so , Congressman . I am not saying that it is inconceivable that the New York Times could publish any- thing that might not come in here . But I think if you have a ...
Page 51
... publishers to somewhat revise the way they do business . But I don't think it has the result of simply forcing them out of business or substantively interfering with the right of those adults who want to get this sort of stuff to get it ...
... publishers to somewhat revise the way they do business . But I don't think it has the result of simply forcing them out of business or substantively interfering with the right of those adults who want to get this sort of stuff to get it ...
Page 74
... publisher would have a question as to whether he would be in violation of the law . Realistically , I could never conclude that Congress would ever require prior submission . Mr. BIESTER . Supposing that the national censor found , by ...
... publisher would have a question as to whether he would be in violation of the law . Realistically , I could never conclude that Congress would ever require prior submission . Mr. BIESTER . Supposing that the national censor found , by ...
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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.