The Hicklin Test in The United States
Adoption of obscenity laws in the United States was largely due to the efforts of Anthony Comstock. Comstock's intense lobbying led to the passage in 1873 of an anti-obscenity statute known as the Comstock Act. Comstock was appointed postal inspector to enforce the new law. Twenty-four states passed similar prohibitions on materials distributed within the states. The law criminalized not only sexually explicit material, but also material dealing with birth control and abortion. Although lower courts in the U.S. had used the Hicklin standard sporadically since 1868, it was not until 1879, when prominent federal judge Samuel Blatchford upheld the obscenity conviction of D. M. Bennett using Hicklin, that the constitutionality of the Comstock Law became firmly established. In 1896, the Supreme Court in Rosen v. United States, 161 U.S. 29 (1896), adopted the Hicklin test as the appropriate test of obscenity.
However, in 1957, the Supreme Court ruled in Roth v. United States, 354 U.S. 476 (1957) that the Hicklin test was inappropriate. In Roth, Justice Brennan, writing for the majority, noted that some American courts had adopted the Hicklin standard, but that later decisions more commonly relied upon the question of "whether to the average person, applying contemporary community standards, the dominant theme of the material taken as a whole appeals to prurient interest." This Roth test became essentially the new definition of obscenity in the United States.
Read more about this topic: Hicklin Test
Famous quotes containing the words united states, test, united and/or states:
“... the yearly expenses of the existing religious system ... exceed in these United States twenty millions of dollars. Twenty millions! For teaching what? Things unseen and causes unknown!... Twenty millions would more than suffice to make us wise; and alas! do they not more than suffice to make us foolish?”
—Frances Wright (1795–1852)
“It is commonly said ... that ridicule is the best test of truth; for that it will not stick where it is not just. I deny it. A truth learned in a certain light, and attacked in certain words, by men of wit and humour, may, and often doth, become ridiculous, at least so far, that the truth is only remembered and repeated for the sake of the ridicule.”
—Philip Dormer Stanhope, 4th Earl Chesterfield (1694–1773)
“I am colored but I offer nothing in the way of extenuating circumstances except the fact that I am the only Negro in the United States whose grandfather on the mother’s side was not an Indian chief.”
—Zora Neale Hurston (1891–1960)
“The end of law is not to abolish or restrain, but to preserve and enlarge freedom. For in all the states of created beings capable of laws, where there is no law, there is no freedom.”
—John Locke (1632–1704)