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OBSCENITY LAWS IN ENGLAND AND THE UNITED STATES - A COMPARATIVE ANALYSIS

NCJ Number
40764
Journal
Nebraska Law Review Volume: 56 Issue: 2 Dated: (1977) Pages: 249-288
Author(s)
R P DAVIDOW; M O'BOYLE
Date Published
1977
Length
40 pages
Annotation
THIS ARTICLE COMPARES THE CURRENT LAWS OF OBSCENITY, BOTH STATUTORY AND JUDGE-MADE, IN ENGLAND AND WALES WITH THE U.S. SUPREME COURT'S DELINEATION OF CONSTITUTIONALLY PERMISSIBLE LAWS.
Abstract
AN OUTLINE OF THE OBSCENITY LAWS OF BOTH COUNTRIES IS MADE. AREAS OF SIMILARITY SUCH AS VAGUE STANDARDS AND LACK OF JUDICIAL CONCERN FOR FAIR NOTICE ARE ANALYZED. AREAS OF DIFFERENCE INCLUDE DISCUSSIONS OF THE TREATMENT OF VIOLENCE AND DRUG USE, THE GREATER PROTECTION OF SEXUAL MATERIALS IN THE U.S., WILLINGNESS TO FIND CERTAIN MATERIALS NOT OBSCENE AS A MATTER OF LAW, BURDEN OF PROOF, EXPERT TESTIMONY, SEIZURES OF ALLEGEDLY OBSCENE MATERIAL, AND PROCEDURAL DIFFERENCES NOT PECULIAR TO OBSCENITY PROSECUTION....TWH