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Georgia that state laws making mere private possession of obscene material a crime are invalid, [58] at least in the absence of an intention to sell, expose, or circulate the material. Subsequently, however, the Supreme Court rejected the claim that under Stanley there is a constitutional right to provide obscene material for private use [ 59 ...
Argument: Oral argument: Opinion announcement: Opinion announcement: Case history; Prior: Judgment for petitioner, 309 F.Supp 36, (C.D. Cal., 1970)Holding; Federal statute prohibiting importation of obscene material is not overbroad as long as forfeiture proceedings are commenced within 14 days of seizure, nor does First Amendment require exception for importation of such material for private use.
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 classification of "obscene" and thus illegal for production and distribution has been judged on printed text-only stories starting with Dunlop v. U.S., 165 U.S. 486 (1897), which upheld a conviction for mailing and delivery of a newspaper called the Chicago Dispatch, containing "obscene, lewd, lascivious, and indecent materials", which was ...
Some subsidiary components of this rule may permit private possession of obscene materials at one's home. [56] Additionally, the phrase "appeals to the prurient interest" is limited to appeals to a "shameful or morbid interest in sex". [57] [58]
New York v. Ferber, 458 U.S. 747 (1982), was a landmark decision of the U.S Supreme Court, unanimously ruling that the First Amendment to the United States Constitution did not protect the sale or manufacture of child sexual abuse material (also known as child pornography) and that states could outlaw it.
In the United States, distribution of "obscene, lewd, lascivious, or filthy" materials is a federal crime. [1] The determination of what is "obscene, lewd, lascivious, or filthy" is up to a jury in a trial, which must apply the Miller test; however, due to the prominence of pornography in most communities most pornographic materials are not considered "patently offensive" in the Miller test.
The Child Protection and Obscenity Enforcement Act of 1988, title VII, subtitle N of the Anti-Drug Abuse Act of 1988, Pub. L. 100–690, 102 Stat. 4181, enacted November 18, 1988, H.R. 5210, is part of a United States Act of Congress which places record-keeping requirements on the producers of actual, sexually explicit materials.