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United States obscenity law deals with the regulation or suppression of what is considered obscenity and therefore not protected speech or expression under the First Amendment to the United States Constitution. In the United States, discussion of obscenity typically relates to defining what pornography is obscene. Issues of obscenity arise at ...
The term obscene is not defined in the actual text of Comstock Act, nor is it defined in the text for much of any of U.S. obscenity law, but the Miller test provides the most current definition used by courts when judging obscenity.
Roth v. United States, 354 U.S. 476 (1957), along with its companion case Alberts v.California, was a landmark decision of the Supreme Court of the United States which redefined the constitutional test for determining what constitutes obscene material unprotected by the First Amendment. [1]
The Commission was established to study and report on: [1] "Constitutional and definitional problems related to obscenity controls." "Traffic in and distribution of obscene and pornographic materials." "The effects of such material, particularly on youth, and their relationship to crime and other antisocial conduct."
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.
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These common-law ideas of obscenity formed the original basis of obscenity law in other common law countries, such as the United States. The classic definition of criminal obscenity is if it "tends to deprave and corrupt", stated in 1868 by Lord Justice Cockburn, in Regina v. Hicklin, now known as the Hicklin test.
Lawyers from the conservative Christian group that won the case to overturn Roe v.Wade returned to the U.S. Supreme Court on Tuesday in pursuit of an urgent priority: shutting down access to ...