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 the united states, united states, test, united and/or states:
“To be President of the United States, sir, is to act as advocate for a blind, venomous, and ungrateful client; still, one must make the best of the case, for the purposes of Providence.”
—John Updike (b. 1932)
“America—rather, the United States—seems to me to be the Jew among the nations. It is resourceful, adaptable, maligned, envied, feared, imposed upon. It is warm-hearted, overfriendly; quick-witted, lavish, colorful; given to extravagant speech and gestures; its people are travelers and wanderers by nature, moving, shifting, restless; swarming in Fords, in ocean liners; craving entertainment; volatile. The schnuckle among the nations of the world.”
—Edna Ferber (1887–1968)
“I have come to believe ... that the stage may do more than teach, that much of our current moral instruction will not endure the test of being cast into a lifelike mold, and when presented in dramatic form will reveal itself as platitudinous and effete. That which may have sounded like righteous teaching when it was remote and wordy will be challenged afresh when it is obliged to simulate life itself.”
—Jane Addams (1860–1935)
“I feel most at home in the United States, not because it is intrinsically a more interesting country, but because no one really belongs there any more than I do. We are all there together in its wholly excellent vacuum.”
—Wyndham Lewis (1882–1957)
“If I be false, or swerve a hair from truth,
When time is old and hath forgot itself,
When waterdrops have worn the stones of Troy,
And blind oblivion swallowed cities up,
And mighty states characterless are grated
To dusty nothing, yet let memory
From false to false among false maids in love
Upbraid my falsehood.”
—William Shakespeare (1564–1616)