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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 ...
United States, 161 U.S. 29 (1896), adopted the Hicklin test as the appropriate test of obscenity. [10] However, in 1933, the Hicklin test ended on the federal level when, in United States v. One Book Called Ulysses, 72 F.2d 705 (2d Cir. 1933), Judge John Woolsey found Ulysses to not be obscene. Avoiding the Hicklin test, he said instead that in ...
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.
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. [1] [2]
Massachusetts, 383 U.S. 413 (1966), was the United States Supreme Court decision that attempted to clarify a holding regarding obscenity made a decade earlier in Roth v. United States (1957). The Roth ruling established that for a work of literature to be considered obscene, it had to be proven by censors to: 1) appeal to prurient interest, 2 ...
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]
Patently offensive is a term used in United States law regarding obscenity under the First Amendment.. The phrase "patently offensive" first appeared in Roth v.United States, referring to any obscene acts or materials that are considered to be openly, plainly, or clearly visible as offensive to the viewing public.
The third criterion pertains to judgment made by "reasonable persons" of the United States as a whole, while the first pertains to that of members of the local community. Due to the larger scope of the third test, it is a more ambiguous criterion than the first two. In 1981, Stewart said of coining the phrase: