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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 Broadcast Decency Enforcement Act of 2005 (S.193.ENR,Pub. L. 109–235 (text)) is an enrolled bill, passed by both Houses of the 109th United States Congress, to increase the fines and penalties for violating the prohibitions against the broadcast of obscene, indecent, or profane language. [1]
Kemp and Hamling were eventually sentenced to prison for "conspiracy to mail obscene material," but both served only the federal minimum. [10] [11] Hamling received a four-year regular adult sentence. [12] Earl Kemp received a sentence of three years and one day. [12] The report as published by Greenleaf was not found to be obscene. [13]
The 4th Circuit rejected that claim. "Stanley's holding was a narrow one, focusing only on the possession of obscene materials in the privacy of one's home," the majority said. "The Court's ...
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.
A judge of the United States District Court for the Central District of California upheld the ban on obscene messages, but ordered the Act's enforcement against indecent ones. [2] The Court upheld the district court ruling. Since the First Amendment does not protect obscene speech, as the Court found in Paris Adult Theatre I v.
Ginzburg v. United States, 383 U.S. 463 (1966), was a decision by the United States Supreme Court involving the application of the First Amendment to Federal obscenity laws. One of a trio of cases (with Memoirs v. Massachusetts and Mishkin v. New York released on the same day), Ginzburg was part of the Supreme Court's attempt to refine the ...