Roth Decision zThe Roth Decision: worthless and sexually lewd zHarlan dissent: OK to control, but let the states do it zDouglas and Black: 1) Constitution.

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Presentation transcript:

Roth Decision zThe Roth Decision: worthless and sexually lewd zHarlan dissent: OK to control, but let the states do it zDouglas and Black: 1) Constitution didn’t allow exceptions for speech that caused “impure thoughts” and 2) we don’t sanction community standards for any other expression, why for sexualized expression

Post Roth Decisions zJacobellis v. Ohio (1964)--can’t define obscenity, Stewart says “I know it when I see it”, Brennan intimates “national stds” zMemoirs v. Massachusetts (1966)--examine literary merit zGinzburg v. US (1966) The Housewife’s Guide to Selective Promiscuity, pandering as a crime zWhat about leather? Mishkin case--argued average wouldn’t find prurient, intended recipients

Miller v. California (1973) zThe decision: ywhether the average person, applying the contemporary standard of the state or local community find the work taken as a whole, appeals ywhether the work depicts in a patently offensive way sexual conduct specifically defined by the applicable state law ywhether the work lacks serious literary, artistic, political, or scientific value (SLAPS)

Controlling Obscenity zPresident’s Commission on Obscenity and Pornography 1973 zAttorney General’s Commission on Pornography 1986 zOther solutions-- ystronger enforcement yZoning laws yRICO prosecutions (Pryba v. US)