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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 ...
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 ...
United States v. 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.
The legal concepts of obscenity underpinning Anderson and Heap's trial go back to a standard first established in the 1868 English case of Regina v.Hicklin. [1] In this case, Lord Chief Justice Cockburn defined the "test of obscenity" as "whether the tendency of the matter charged as obscenity is to deprave and corrupt those whose minds are open to such immoral influences, and into whose hands ...
During the 17th century, a typical form of book censorship in the United States was book burning. What is considered as the first book ban in what is now known as the United States was of Thomas Morton's New English Canaan or New Canaan, published in Amsterdam in 1637. That same year, the Puritan government in Quincy, Massachusetts, banned it ...
The Comstock Law was a federal act passed by the United States Congress on March 3 as the Act for the "Suppression of Trade in, and Circulation of, Obscene Literature and Articles of Immoral Use". The Act criminalized usage of the U.S. Postal Service to send any of the following items: [ 28 ]
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.
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]