Technical Report of the Commission on Obscenity and Pornography, Volumes 1-3U.S. Government Printing Office, 1971 - Erotica |
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Page 68
... punishable only in the spiritual court . " Queen v . Read , 11 Mod . Rep . 142 ( 1708 ) . The Read case , then , affirmed that obscenity , if it was an offense at all , was within the exclusive jurisdiction of the ecclesiastical courts ...
... punishable only in the spiritual court . " Queen v . Read , 11 Mod . Rep . 142 ( 1708 ) . The Read case , then , affirmed that obscenity , if it was an offense at all , was within the exclusive jurisdiction of the ecclesiastical courts ...
Page 69
... punishable at common law . Justice Fortesque was the most disturbed by the position that there could . be breach of the peace without actual force or violence or the likelihood of creating it : " To make it indictable there should be a ...
... punishable at common law . Justice Fortesque was the most disturbed by the position that there could . be breach of the peace without actual force or violence or the likelihood of creating it : " To make it indictable there should be a ...
Page 79
... punishable , other morals offenses were as well . ( That obscenity followed control of other morals offenses but never preceded it is of special interest today , for the reverse situation may be coming to pass . The constitutionality of ...
... punishable , other morals offenses were as well . ( That obscenity followed control of other morals offenses but never preceded it is of special interest today , for the reverse situation may be coming to pass . The constitutionality of ...
Page 112
... punishable under the criminal codes and other statutes.2 In addition , both States have established boards of review.3 The Queensland Literature Board of Review is empowered to prohibit the distribution of objectionable literature ...
... punishable under the criminal codes and other statutes.2 In addition , both States have established boards of review.3 The Queensland Literature Board of Review is empowered to prohibit the distribution of objectionable literature ...
Page 127
... punishable , the legislator can hardly avoid resorting to a choice of words so vague and inconclusive that the legislative power will more or less be transferred to the courts . To some extent this is a result intended by the legislator ...
... punishable , the legislator can hardly avoid resorting to a choice of words so vague and inconclusive that the legislative power will more or less be transferred to the courts . To some extent this is a result intended by the legislator ...
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Common terms and phrases
adult appears average censorship Commission cost crime criminal defense delinquency depicted distribution distributors Drive-in theaters effect erotic materials estimated exhibited exploitation films exploitation theaters Fanny Hill female footnote girls gross heterosexual home movie films homosexual indecent individual industry issue Justice juvenile magazines mailers majority male mass market Masters and Johnson matter measure million minors moral motion pictures nude nudity obscene material Obscene Publications Act Obscenity and Pornography offense opinion paperback books Penal Code perceptual defense person photographs Post Office postal present printed produced prohibited prohibitory orders prosecution provisions prurient psychological publishers punishable receipts release reported response Roth sample secondary sexual activity sexual arousal sexual behavior sexual content sexual intercourse sexual stimuli sexually oriented advertising sexually oriented materials sold stag films standards statute subjects supreme court Table York
Popular passages
Page 84 - ... the only purpose for which power can be rightfully exercised over any member of a civilized community against his will is to prevent harm to others. His own good, either physical or moral, is not a sufficient warrant.
Page 9 - I think the test of obscenity is this, 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 a publication of this sort may fall.
Page 21 - 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 18 - American courts adopted this standard but later 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 interests.
Page 84 - That principle is that the sole end for which mankind are warranted individually or collectively in interfering with the liberty of action of any of their number is selfprotection; that the only purpose for which power can be rightfully exercised over any member of a civilized community against his will is to prevent harm to others.
Page 19 - A book cannot be proscribed unless it is found to be utterly without redeeming social value. This is so even though the book is found to possess the requisite prurient appeal and to be patently offensive.
Page 14 - Obscene' means that to the average person, applying contemporary standards, the predominant appeal of the matter, taken as a whole, is to prurient interest, ie, a shameful or morbid interest in nudity, sex, or excretion, which goes substantially beyond customary limits of candor in description or representation of such matters and is matter which is utterly without redeeming social importance...
Page 15 - 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. But implicit in the history of the First Amendment is the rejection of obscenity as utterly without redeeming social importance.
Page 34 - 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 80 - ... notice of any kind, giving information, directly or indirectly, where or how, or of whom or by what means either of the things before mentioned may be obtained or made...