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:
“... while one-half of the people of the United States are robbed of their inherent right of personal representation in this freest country on the face of the globe, it is idle for us to expect that the men who thus rob women will not rob each other as individuals, corporations and Government.”
—Susan B. Anthony (18201906)
“He who has never failed somewhere, that man can not be great. Failure is the true test of greatness. And if it be said, that continual success is a proof that a man wisely knows his powers,it is only to be added, that, in that case, he knows them to be small.”
—Herman Melville (18191891)
“Americarather, the United Statesseems 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 (18871968)
“I would rather be known as an advocate of equal suffrage than to speak every night on the best-paying platforms in the United States and ignore it.”
—Anna Howard Shaw (18471919)