Judging Obscenity

Judging Obscenity
Author: Christopher Jon Nowlin
Publisher: McGill-Queen's Press - MQUP
Total Pages: 312
Release: 2003
Genre: Law
ISBN: 9780773525382

This work examines evidence in North American obscenity trials revealing how little consensus there is among those who purport to know best about the nature of artistic representation, human sexuality and the psychological and behavioural effects of digesting explicit sexual narratives and imagery.

Obscenity

Obscenity
Author: Leon Friedman
Publisher: Facts On File
Total Pages: 412
Release: 1983
Genre: Law
ISBN:

Obscenity Rules

Obscenity Rules
Author: Whitney Strub
Publisher: University Press of Kansas
Total Pages: 280
Release: 2013-09-24
Genre: Law
ISBN: 0700619372

For some, he was “America’s leading smut king,” hauled into court repeatedly over thirty years for peddling obscene publications through the mail. But when Samuel Roth appealed a 1956 conviction, he forced the Supreme Court to finally come to grips with a problem that had plagued both American society and constitutional law for longer than he had been in business. For while the facts of Roth v. United States were unexceptional, its constitutional issues would define the relationship of obscenity to the First Amendment. The Supreme Court’s 6–3 decision in Roth for the first time tried to definitively rule on the issue of obscenity in American life and law—and failed. In this first book-length examination of the case, Whitney Strub lays out the history of obscenity’s meaning as a legal concept, highlights the influence of antivice crusaders like Anthony Comstock and John Sumner, and chronicles the shadowy career that led Roth to spend nearly a decade of his life imprisoned for the allegedly obscene materials that he sent through the mails. Strub then unwraps the events that produced Roth v. United States, placing the trial in the context of its times—the Kinsey Reports, the Kefauver hearings, free speech debates—by using Roth’s own private papers along with the records of the various prosecutions and the memos of the justices. The significance of Roth, as Strub reveals, lay in the two faces of Justice William Brennan’s majority opinion—which on the one hand reflected the liberalizing attitude toward sexual matters in mid-century America, but on the other kept “obscene” expressions beyond First Amendment protection. Because that ruling points up the contradictions of a society where the prurient and repressive commingle uncomfortably, Strub shows how Roth says much more about American sexual values than Brennan’s written words necessarily acknowledged. In our era of internet pornography and Fifty Shades of Grey, it may be difficult to imagine a time when obscenity was a matter for the courts. As Strub tracks the legacy of Roth and obscenity law through the ongoing policing of acceptable sexuality into the twenty-first century, his riveting narrative brings those times to life and helps readers navigate the fine line between what is socially acceptable and what is criminally obscene.

Reflections on Judging

Reflections on Judging
Author: Richard A. Posner
Publisher: Harvard University Press
Total Pages: 423
Release: 2013-10-07
Genre: Law
ISBN: 0674184653

In Reflections on Judging, Richard Posner distills the experience of his thirty-one years as a judge of the United States Court of Appeals for the Seventh Circuit. Surveying how the judiciary has changed since his 1981 appointment, he engages the issues at stake today, suggesting how lawyers should argue cases and judges decide them, how trials can be improved, and, most urgently, how to cope with the dizzying pace of technological advance that makes litigation ever more challenging to judges and lawyers. For Posner, legal formalism presents one of the main obstacles to tackling these problems. Formalist judges--most notably Justice Antonin Scalia--needlessly complicate the legal process by advocating "canons of constructions" (principles for interpreting statutes and the Constitution) that are confusing and self-contradictory. Posner calls instead for a renewed commitment to legal realism, whereby a good judge gathers facts, carefully considers context, and comes to a sensible conclusion that avoids inflicting collateral damage on other areas of the law. This, Posner believes, was the approach of the jurists he most admires and seeks to emulate: Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, Learned Hand, Robert Jackson, and Henry Friendly, and it is an approach that can best resolve our twenty-first-century legal disputes.

Pornography on Trial

Pornography on Trial
Author: Thomas C. Mackey
Publisher: Bloomsbury Publishing USA
Total Pages: 352
Release: 2002-11-05
Genre: Social Science
ISBN: 1576077276

A survey of the changing and charged relationship between pornography and legislation in 20th century America. Groups battling pornography must demonstrate that the products they seek to ban are truly obscene and not legitimately protected by the First Amendment—a requirement that often leads to public debate and controversy. Author Thomas C. Mackey thoroughly examines the problems and issues in public policymaking, legal precedents, and the people behind them. After a brief historical background, Pornography on Trial surveys and analyzes the leading issues and case law on obscenity from l957 to the present. Half the book consists of documents—judicial opinions—from key cases. There are biographical sketches of key people, laws, and concepts from Judge Learned Hand and the Hicklin test to Chief Justice Sir Alexander James Edmund Cockburn's judicial definition of obscenity from l868. The book also includes a chronology, a table of cases, and an annotated bibliography.

A Matter of Obscenity

A Matter of Obscenity
Author: Christopher Hilliard
Publisher: Princeton University Press
Total Pages: 336
Release: 2023-09-26
Genre: History
ISBN: 0691226105

A comprehensive history of censorship in modern Britain For Victorian lawmakers and judges, the question of whether a book should be allowed to circulate freely depended on whether it was sold to readers whose mental and moral capacities were in doubt, by which they meant the increasingly literate and enfranchised working classes. The law stayed this way even as society evolved. In 1960, in the obscenity trial over D. H. Lawrence's Lady Chatterley's Lover, the prosecutor asked the jury, "Is it a book that you would even wish your wife or your servants to read?" Christopher Hilliard traces the history of British censorship from the Victorians to Margaret Thatcher, exposing the tensions between obscenity law and a changing British society. Hilliard goes behind the scenes of major obscenity trials and uncovers the routines of everyday censorship, shedding new light on the British reception of literary modernism and popular entertainments such as the cinema and American-style pulp fiction and comic books. He reveals the thinking of lawyers and the police, authors and publishers, and politicians and ordinary citizens as they wrestled with questions of freedom and morality. He describes how supporters and opponents of censorship alike tried to remake the law as they reckoned with changes in sexuality and culture that began in the 1960s. Based on extensive archival research, this incisive and multifaceted book reveals how the issue of censorship challenged British society to confront issues ranging from mass literacy and democratization to feminism, gay rights, and multiculturalism.