Antiobscenity Legislation: Hearings Before Subcommittee No. 3 of the Committee on the Judiciary, House of Representatives, Ninety-first Congress, on H.R. 5171, 11009, 11031 & 11032, and Related Measures to Restrict the Dissemination of Sexually Oriented Materials, Sept. 25, Oct. 1, 9, 23, 28; Nov. 5, 12, 13; Dec. 10, 17, 1969; Jan. 28; March 5, 16, & April 16, 1970 |
From inside the book
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Page 12
... statutes was too impre- cise , too vague , to support a conviction for violation of the offenses charged under them . New York , after several unsuccessful efforts to have a statute upheld , enacted a statute which would protect ...
... statutes was too impre- cise , too vague , to support a conviction for violation of the offenses charged under them . New York , after several unsuccessful efforts to have a statute upheld , enacted a statute which would protect ...
Page 14
... statute prescribing a rule for appellate proceedings , the Court lacked juris- diction . It was further stated that if a rule were prescribed , the Court could not depart from it . Fourteen years later Chief Justice Marshall observed ...
... statute prescribing a rule for appellate proceedings , the Court lacked juris- diction . It was further stated that if a rule were prescribed , the Court could not depart from it . Fourteen years later Chief Justice Marshall observed ...
Page 16
... statute , whose validity was sustained . Mr. BENNETT . It is almost in haec verba . Mr. KASTENMEIER . In your judgment , does the legislation you in- troduced differ from that situation insofar as it contemplates Federal as ...
... statute , whose validity was sustained . Mr. BENNETT . It is almost in haec verba . Mr. KASTENMEIER . In your judgment , does the legislation you in- troduced differ from that situation insofar as it contemplates Federal as ...
Page 18
... statute which is national in character , to remove Federal judi- cial determination , which is national in character- Mr. BENNETT . There are many illustrations of this . This is not alone or unique . You haven't yet looked at it fully ...
... statute which is national in character , to remove Federal judi- cial determination , which is national in character- Mr. BENNETT . There are many illustrations of this . This is not alone or unique . You haven't yet looked at it fully ...
Page 21
... statute in the Ginsberg case were similar . Actually , section 484 ( h ) of the New York Code speaks of a person under the age of 17 . Page 3 of your bill , lines 4 and 5 , uses " under the age of 18. " I would like to get your thinking ...
... statute in the Ginsberg case were similar . Actually , section 484 ( h ) of the New York Code speaks of a person under the age of 17 . Page 3 of your bill , lines 4 and 5 , uses " under the age of 18. " I would like to get your thinking ...
Common terms and phrases
1ST SESSION H. R. 71 of title 91ST CONGRESS 1ST addressee adult advertising affirmative defense amended by adding BIESTER buttocks Chairman chapter 71 character and content child committee constitutional definition 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 406 - But implicit in the history of the First ' Amendment is the rejection of obscenity as utterly without redeeming social importance.
Page 169 - 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 401 - Hicklin. [L]ater 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 295 - 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 401 - 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 520 - 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 146 - 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 494 - 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 - The protection given speech and press was fashioned to assure unfettered interchange of ideas for the bringing about of political and social changes desired by the people,
Page 1205 - ... bureau, agency, board, commission, office, independent establishment, or instrumentality information suggestions, estimates, and statistics for the purpose of this Act; and each such department, bureau, agency, board, commission, office, establishment, or instrumentality is authorized and directed to furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by the Chairman or Vice Chairman.