Obscenity in the Mail: Hearings, Ninety-first Congress, Second Session ... August 11, November 17 and 18, 1970 |
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Common terms and phrases
adults attitudes bill Chairman Cline Commission on Obscenity Commission's committee concern conclusions CONGRESS THE LIBRARY contractor definition of obscenity Denmark DERWINSKI DULSKI effect Erotic Art erotic materials erotic stimuli evidence experiment exposure to erotic exposure to pornography Fanny Hill Federal feel films harm HENDERSON homosexual HOWARD human individual interview involved Jersey Justice legislation LIBRARY OF CONGRESS LIPTZIN majority male marital Masters and Johnson matter minors moral movie Obscenity and Pornography opinion person police pornog Postal present President's Commission problem prurient interest psychiatrists Psychology question questionnaire raphy REIFLER relationship render a report response ROBERT N. C. NIX Roth SCHLUTER scientific sex crimes sex education sex offender sexual arousal sexual behavior sexually oriented SHAINESS SOCARIDES society standards STARR statement stimulation subcommittee subjects Supreme Court Thank tion violence WILSON York
Popular passages
Page 158 - Hicklin. [L]ater decisions have rejected it and substituted this test: whether to the average person, applying contemporary community standards, the dominant theme of the material taken as a whole appeals to prurient interest.
Page 156 - Under this definition, as elaborated in subsequent cases, three elements must coalesce: it must be established that (a) the dominant theme of the material taken as a whole appeals to a prurient interest in sex; (b) the material is patently offensive because it affronts contemporary community standards relating to the description or representation of sexual matters; and (c) the material is utterly without redeeming social value.
Page 156 - All ideas having even the slightest redeeming social importance — unorthodox ideas, controversial ideas, even ideas hateful to the prevailing climate of opinion — have the full protection of the guaranties, unless excludable because they encroach upon the limited area of more important interests.
Page 154 - If the First Amendment means anything, it means that a State has no business telling a man, sitting alone in his own house, what books he may read or what films he may watch.
Page 156 - The fundamental freedoms of speech and press have contributed greatly to the development and well-being of our free society and are indispensable to its continued growth. Ceaseless vigilance is the watchword to prevent their erosion by Congress or by the States. The door barring federal and state intrusion into this area cannot be left ajar; it must be kept tightly closed and opened only the slightest crack necessary to prevent encroachment upon more important interests.
Page 153 - Such materials include photographs, both still and motion picture, with no pretense of artistic value, graphically depicting acts of sexual intercourse, including various acts of sodomy and sadism, and sometimes involving several participants in scenes of orgy-like character. They also include strips of drawings in comic-book format grossly depicting similar activities in an exaggerated fashion. There are, in addition, pamphlets and booklets sometimes with photographic illustrations, verbally describing...
Page 21 - Our judges are as honest as other men, and not more so. They have, with others, the same passions for party, for power, and the privilege of their corps. Their maxim is, 'boni judicis est ampliare jurisdictionem...
Page 168 - [a] book cannot be proscribed unless it is found to be utterly without redeeming social value." I agree with my Brother WHITE that such a condition rejects the basic holding of Roth and gives the smut artist free rein to carry on his dirty business. My vote in that case — which was the deciding one for the majority opinion — was cast solely because the Court declared the test of obscenity to be: "whether to the average person, applying contemporary community standards, the dominant theme of the...
Page 152 - The portrayal of sex, eg, in art, literature and scientific works, is not itself sufficient reason to deny material the constitutional protection of freedom of speech and press.
Page 154 - But more important, if the State is only concerned about printed or filmed materials inducing antisocial conduct, we believe that in the context of private consumption of ideas and information we should adhere to the view that "[a]mong free men, the deterrents ordinarily to be applied to prevent crime are education and punishment for violations of the law. . . ." Whitney v. California, 274 US 357, 378 (1927) (Brandeis, J., concurring). See Emerson, Toward a General Theory of the First Amendment,...