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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 ...
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]
One Book Called Ulysses, 5 F. Supp. 182 (S.D.N.Y. 1933), affirmed in United States v. One Book Entitled Ulysses by James Joyce (Random House, Inc., Claimant) , 72 F. 705 (1934) is a landmark decision of the United States District Court for the Southern District of New York in a case dealing with freedom of expression .
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.
While an earlier version did exist, as Sec. 5. of the Act for the Suppression of Trade in, and Circulation of, Obscene Literature and Articles of Immoral Use, [3] the modern version was initially enacted under Sec. 305. of the Tariff Act of 1930 and is currently codified (in a non-positive law title) at section 1305 of title 19, United States ...
The Commission's report, called Report of the Commission on Obscenity and Pornography, [5] and published in 1970, recommended sex education, funding of research into the effects of pornography and restriction of children's access to pornography, and recommended against any restrictions for adults. On balance the report found that obscenity and ...
The First Amendment puts protection for expressive content in terms that are both sweeping and absolute: "Congress shall make no law... abridging the freedom of speech, or of the press" [2] Despite this broad protection, the roots of U.S. attempts to legally suppress obscenity extend back to the English common law offense of obscene libel and censorship of stage plays by the Master of the Revels.
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.