NCJ Number
6812
Journal
Crime and Delinquency Volume: 18 Issue: 1 Dated: (JANUARY 1972) Pages: 59-67
Date Published
1972
Length
9 pages
Annotation
ACTIVITY OF THE UNITED STATES SUPREME COURT IN FORMULATING AND APPLYING DEFINITIONS OF OBSCENITY SINCE 1957.
Abstract
FOR ALMOST NINETY YEARS, AMERICAN COURTS APPLIED AND EXPANDED AN OBSCENITY TEST ESTABLISHED BY A BRITISH COURT IN 1868. FINALLY, IN 1957 THE SUPREME COURT DEFINED AS OBSCENE SUCH MATERIAL WHICH TO THE AVERAGE PERSON, APPLYING CONTEMPORARY COMMUNITY STANDARDS, APPEALED TO PRURIENT INTERESTS AND LACKED REDEEMING SOCIAL VALUE. BETWEEN 1957 AND 1966, THE COURT ADDED SEVERAL DEMENSIONS TO ITS DEFINITION OF OBSCENITY. TAE CURRENT OBSCENITY TEST WAS FRAMED IN 1966 WHEN THE COURT REWORDED THE 1957 DEFINITION AND INCLUDED A THIRD STANDARD - NAMELY, THAT THE MATERIAL MUST ALSO BE PATENTLY OFFENSIVE. THIS ARTICLE EXAMINES NOT ONLY THE SUPREME COURT'S ACTUAL DEFINITIONS OF OBSCENITY BUT ALSO TRENDS IN THESE DEFINITIONS AND THE COURT'S CONTINUAL EFFORTS TO DEFINE AND REDEFINE OBSCENITY. AUTHOR'S ABSTRACT MODIFIED.