Search results
Results from the WOW.Com Content Network
Feres v. United States, 340 U.S. 135 (1950), combined three pending federal cases for a hearing in certiorari in which the Supreme Court of the United States held that the United States is not liable under the Federal Tort Claims Act for injuries to members of the armed forces sustained while on active duty and not on furlough and resulting from the negligence of others in the armed forces. [1]
Critics have argued that, given its unusual and problematic history, unclear meaning, and the poor reasoning offered by the majorities in Roth and Miller to explain or justify the doctrine, the Supreme Court was simply wrong on the issue and the doctrine should be wholly discarded. Obscenity law can be used to target specific groups.
The Miller test, also called the three-prong obscenity test, is the United States Supreme Court's test for determining whether speech or expression can be labeled obscene, in which case it is not protected by the First Amendment to the United States Constitution and can be prohibited.
The expression became one of the best-known phrases in the history of the Supreme Court. [4] Though "I know it when I see it" is widely cited as Stewart's test for "obscenity", he did not use the word "obscenity" himself in his short concurrence, but stated that he knew what fitted the "shorthand description" of "hard-core pornography" when he ...
In all these cases, including in the most recent case in which the Supreme Court reaffirmed the completely court-manufactured obscenity exception—it's an old decision that goes back to 1973, but ...
California (1973) – the currently-binding Supreme Court precedent on the issue –, the Court ruled materials were obscene if they appealed "to a prurient interest", showed "patently offensive sexual conduct" that was specifically defined by a state obscenity law, and "lacked serious artistic, literary, political, or scientific value ...
Writing for the Court, Justice Thurgood Marshall drew a distinction between that ban and other obscenity laws: "Whatever may be the justifications for other statutes regulating obscenity, we do ...
The change in the twentieth century, from total prohibition in 1900 to near-total tolerance in 2000, reflects a series of court cases involving the definition of obscenity. The U.S. Supreme Court has found that most pornography is not obscene, a result of changing definitions of both obscenity and pornography. [41]