NCJ Number
16918
Journal
JOURNAL OF URBAN LAW Volume: 52 Issue: 1 Dated: (AUGUST 1974) Pages: 1-23
Date Published
1974
Length
23 pages
Annotation
DISCUSSION OF THE FACTORS WHICH COURTS TEND TO CONSIDER IN DECIDING THE PORNOGRAPHY CASES WHICH COME BEFORE THEM.
Abstract
THE FIRST PART OF THIS ARTICLE DEALS WITH SOME OF THE HISTORICAL BACKGROUND OF THE QUESTION OF OBSCENITY AND SETS OUT CERTAIN DECISIONS OF THE SUPREME COURT IN ITS ATTEMPTS TO FORMULATE GUIDELINES FOR THE LOWER COURTS CONCERNING THE CONTROL OF OR ACCESS TO CERTAIN TYPES OF PORNOGRAPHIC MATERIALS. THE SECOND PART OF THE ARTICLE DESCRIBES A QUANTITATIVE STUDY UNDERTAKEN BY THE AUTHORS IN AN ATTEMPT TO DETERMINE HOW PORNOGRAPHY RULINGS OVER THE YEARS HAVE BEEN AFFECTED BY CERTAIN VARIABLES. ONE HUNDRED APPELLATE COURT DECISIONS INVOLVING OBSCENITY AND CENSORSHIP WERE USED. THE VARIABLES CONSIDERED INCLUDED THE NATURE OF THE VIOLATION, THE NATURE OF THE MATERIALS, THE CHARACTERISTICS OF THE COMMUNITY IN WHICH THE CASE WAS TRIED, AND THE TIMING AND LEVEL OF THE DECISION. FACTORS SHOWN TO MOST LIKELY AFFECT THE OUTCOME OF JUDICIAL DECISIONS INCLUDE WHETHER THE ITEM WAS INTENDED FOR SALE, DISPLAY, OR PRIVATE POSSESSION, THE METHOD OF DISTRIBUTION OF MATERIAL, AND THE REPUTATION OF THE AUTHOR AND/OR PUBLISHER. THE DECISION OF THE TRIAL COURT AND THE RELIGION OF THE COMMUNITY IN WHICH THE CASE IS TRIED WERE ALSO SHOWN TO BE SIGNIFICANT. THE CASES USED IN THE STUDY ARE CITED IN THE APPENDIX. (AUTHOR ABSTRACT MODIFIED)