Hicklin Test - The Hicklin Test in The United States

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:

    United States! the ages plead,—
    Present and Past in under-song,—
    Go put your creed into your deed,—
    Nor speak with double tongue.
    Ralph Waldo Emerson (1803–1882)

    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)

    An inquiry about the attitude towards the release of so-called political prisoners. I should be very sorry to see the United States holding anyone in confinement on account of any opinion that that person might hold. It is a fundamental tenet of our institutions that people have a right to believe what they want to believe and hold such opinions as they want to hold without having to answer to anyone for their private opinion.
    Calvin Coolidge (1872–1933)

    Our citizenship in the United States is our national character. Our citizenship in any particular state is only our local distinction. By the latter we are known at home, by the former to the world. Our great title is AMERICANS—our inferior one varies with the place.
    Thomas Paine (1737–1809)