Obscene Matter Sent Through the Mail: Hearing Before the Subcommittee on Postal Operations of the Committee on Post Office and Civil Service, House of Representatives, Eighty-sixth Congress, First Session ...U.S. Government Printing Office, 1959 - 279 strani |
Druge izdaje - Prikaži vse
Pogosti izrazi in povedi
action adequate appeals to prurient average person BECK believe children and youth Christian Family Movement city of Omaha comic books committee concerned Congress of Parents contemporary community standards conviction county attorneys criminal CUNNINGHAM distribution distributors drugstore due process Edgar Hoover Erbe Federal filth give GLENN CUNNINGHAM going GRANAHAN hearing indecent intent to sell Iowa Supreme Court Judge O'BRIEN judging obscenity jury KATHARINE ST lascivious lewd Madam Chairman magazines moral Nebr NEBRASKA CONGRESS Nebraska Supreme Court newsstands obscene literature obscene matter obscene nature obscene publications offer for sale OLIVER Omaha Police Department Parents and Teachers pornographic possession with intent Post Office Department problem of obscene prohibited proposed legislation program prosecution prurient interest publishers purveyors RANKIN retailers Section SHIPLEY smut standard for judging statement statutes teenagers Thank thing tion U.S. Congress U.S. Supreme Court United vague and indefinite violation whole
Priljubljeni odlomki
Stran 247 - decision. In the Roth decision, the court laid down two important rules regarding obscenity : That obscenity does not lie within the area of protected speech and press under the first amendment. That the test of obscenity should be whether, "to the average person, applying contemporary community standards, the dominant theme of the material taken as a whole appeals to prurient interest.
Stran 254 - as a guide to the finders of fact in considering the evidence which provided that the standard for judging obscenity, adequate to withstand the charge of unconstitutional infirmity, is whether, to the average person, applying contemporary community standards, the dominant theme of the material taken as a whole, appeals to prurient interest. The court had doubts as to whether the average person would be able to apply the phrase,
Stran 238 - Where a statute is so vague as to make criminal an innocent act, a conviction under it cannot be sustained. Winters v. New York, 333 US 507 ; 92 L. Ed. 840 ; 68 S. Ct. 665.
Stran 236 - of not more than five hundred dollars nor less than fifty dollars, or be imprisoned not more than six months in the county jail, or both. (Source: Laws 1887, c. 113, § 4, p. 673 ; RS 1913, § 8790; CS 1922, § 9782
Stran 266 - The words 'obscene, lewd, and lascivious', as used in the law, signify that form of immorality which has relation to sexual impurity and has a tendency to excite lustful thoughts," or the code of the National Office for Decent Literature.
Stran 236 - or uses or employs any minor child to give away, sell or distribute, or who, having the care, custody or control of any minor child, permits such child to sell, give away or distribute any such books, papers or pictures above described, shall be deemed guilty of a misdemeanor,
Stran 236 - of not more than one thousand dollars nor less than fifty dollars, or be imprisoned in the county jail not more than one year, or both. (Source: Laws 1887, c. 113, §2, p. 672; RS 1913, §8788;
Stran 236 - of not more than one thousand dollars nor less than fifty dollars, or by imprisonment in the county jail not more than one year, or both. (Source: Laws 1887, c. 113, § 1, p. 671;
Stran 258 - Mr. Cunningham, members of the committee, it is indeed an honor and a privilege for me to represent the Nebraska Congress of Parents and Teachers, composed of
Stran 272 - It is argued that the statutes do not provide reasonable ascertainable standards of guilt and therefore violate the constitutional requirements of due process. Winters v. New York, 333 US 507. The Federal obscenity statute makes punishable the mailing of material that is "obscene, lewd, lascivious, or filthy * * * or other publication of an indecent character." The California statute makes punishable, inter alia, the